scholarly journals LEGAL ASPECTS OF LAND FORMATION UNDER REAL ESTATE OBJECTS

2021 ◽  
Vol 1 (161) ◽  
pp. 129-133
Author(s):  
S. Nesterenko ◽  
Y. Radzinska ◽  
V. Frolov ◽  
P. Firsov
Keyword(s):  
Real Estate ◽  
Mutual Influence ◽  
Residential Building ◽  
Regulatory Requirements ◽  
The Real ◽  
The Real Estate ◽  
Land Plot ◽  
State Registration ◽  
The Right ◽  
Ownership Of Land

Given the provisions of the existing regulatory framework, contributions and achievements in the development of modern land management, it can be noted that the current outline of legal features of land and real estate, the presence of significant gaps and unresolved issues need to clarify these problems and find effective practical measures. The purpose of the article is to study the existing regulatory requirements for the acquisition of ownership of real estate in combination with ownership of land. The article examines the existing regulatory requirements for the acquisition of ownership of real estate in combination with ownership of land. The paper analyzes modern approaches to obtaining the right to land under real estate in Ukraine. The procedure for assigning a cadastral number before the alienation of real estate is determined; schemes of land formation under the real estate object; the procedure for state registration of real estate rights and the grounds for refusal of it and others are determined. The order, principles, requirements and regulatory documents at formation of the ground area under real estate objects are offered. The article considers the peculiarities of assigning a cadastral number to the land plot on which the residential building is located. It is noted that the state registration of land plots is carried out at their location by the relevant state cadastral registrar. It is determined that the acquisition of the right to a person's share in the ownership of a residential building, building or structure under the contract as a result of state registration of rights is a fact of acquisition of real estate. The norms specified in the article establish the general principle of integrity of the real estate object with the land plot on which this object is located. According to these norms, the definition of land rights is directly dependent on the ownership of the building and structure. The provisions developed in the article will increase the efficiency of land use and real estate by defining regulations on their mutual influence.

scholarly journals Urban Heritage as Ethos in Resource-Based Small-Scale Property Management

2019 ◽  
Vol 11 (19) ◽  
pp. 5354
Author(s):  
Ingrid Martins Holmberg
Keyword(s):  
Real Estate ◽  
Real Estate Market ◽  
Small Scale ◽  
The Real ◽  
The Real Estate ◽  
Construction Market ◽  
Urban Heritage ◽  
The Real Estate Market ◽  
Set Up ◽  
The Right

This study puts urban heritage in the setting of property owners’ small-scale and resource-based management of ordinary old buildings. This phenomenon indicates a need not only to reconceptualize urban heritage in its actual complex web of negotiations over constraints of the regulation (urban planning, including preservation) and economy (the real estate market) but also to pay attention to the emergence of a new ethos. The case concerns a Swedish second-city context and the specific moment in time: When the 1990s recession had disarmed the real estate market. Based upon ethnographic fieldwork, this study used an assemblage perspective to allow for a following of entanglements of material and matter. The study sheds light upon the emergence of a small-scale and resource-based management in the midst of managerially defined cycles of investment. Important for the output was 1) the set-up of a network of skilled craftsmen, antiquarians, and entrepreneurs ‘of the right mindset that enabled for the authentic material result but that also helped navigate regulation and financial parties, 2) the “alternative market for reverential maintenance and repair” that guaranteed the appropriate supply of materials, products, and skills that differed from the mainstream construction market. For the means of understanding the ethos involved, the study introduced the notion of “factual life-span of buildings”. The overall aim of this article was to contribute to research on heritage urbanism by adding a resource management perspective that focusses on the entanglements of material and matter.

scholarly journals Teoretyczne i praktyczne aspekty wyceny prawa użytkowania wieczystego gruntu

2018 ◽  
Vol 18(33) (4) ◽  
pp. 323-332
Author(s):  
Elwira Laskowska ◽  
Anna Twardowska
Keyword(s):  
Real Estate ◽  
The Real ◽  
The Real Estate ◽  
The Right

The main purpose of this study is the comparison of the rules in order to specify the appraisal of the land according to the aim of the appraisal connected with the perpetual usufruct. Another purpose is to indicate main problems related to the appraisal of this right. The area of the study covers the rules and the problems of the appraisal of this law for the following aims: establishment of the perpetual usufruct, update the charges for the perpetual usufruct, the transformation the perpetual usufruct into ownership and the secondary sale. The analysis of the source literature and the regulations were applied and the survey was conducted among the persons who are authorized to appraise the real estate in order to achieve the purpose of the study. The obtained results confirm the imperfection of the provisions regulating the appraisal principles related to the right of perpetual usufruct. This results in a different level of value depending on the purpose of the estimation. Also in the property appraisers opinion, the appraisal connected with the perpetual usufruct poses difficulties.

Right-of-way for Transmission Facilities as Regulation of Legal Relationships Regarding Real Estate between the Real Estate Owner and the Transmission Entity

2017 ◽  
Author(s):  
Anna Przewiezlikowska
Keyword(s):  
World War Ii ◽  
Real Estate ◽  
Legal Status ◽  
Real Property ◽  
The Real ◽  
The Real Estate ◽  
Right Of Way ◽  
Estate Owner ◽  
Construction Permit ◽  
The Right

In Poland, after World War II, most of the technical infrastructure was built based on a construction permit, and without a legal title to a given real property. Therefore, a necessity arose for the regulation of property rights where technical infrastructure was built. For the establishment of the right-of-way for transmission facilities it is essential to regulate the legal relationships between the owner of the real estate and the transmission entity and their entry into the land and mortgage register. The extent of the granted right-of-way determines the value of consideration for the owner of the encumbered property. This study analyzes the rules for the determination, establishment and surveying preparation of the right-of-way for various types of transmission facilities. First a thorough examination of the legal status of the real property was required and then the extent of the necessary right-of-way to be established for the given facilities was analyzed. The next stage of the study involved determining the extent of the rights-of-way and appropriate protective zones for the networks pursuant to the relevant technical guidelines. The analysis revealed significant diversity of legal regulations on the establishment of the right-of-way for the specific types of public utilities.

Vindicatory Action in Protection of Title to Real Property of Legal Persons

10.12737/5501 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 53-61
Author(s):  
Павел Стрельников ◽  
Pavel Strelnikov
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Economic Activities ◽  
Real Property ◽  
Legal Regime ◽  
The Real ◽  
The Real Estate ◽  
Debt Collection ◽  
State Registration ◽  
Legal Entities

The question of the protection of property rights of legal entities in a market economy is of particular importance because it is the basis of their economic activities. Particularly acute this problem gives the specifics of the legal regime of the real estate, which has a significant impact on the choice of the means of protecting the violated rights, questioning the use of some of them. One of the methods of protection is indicated by replevin. The question of vindication as a way to protect the property rights of legal entities in the real estate is very controversial, because often put into question the very possibility of vindication property. The arguments for limiting the use of debt collection as a way to protect the rights of ownership of real estate can be divided into two groups. The first related to the essential characteristics of the real estate. The second is based on the legal regime of property, largely determined by the system of state registration of the respective object and deal with them. Based on an analysis of court decisions the author concludes that the feasibility of vindication by prohibiting the use of illegal property owner and the release of land, buildings, structures and premises in them from his property.

scholarly journals But Where's the Contract? A Tribute to Professor David McLauchlan

2011 ◽  
Vol 42 (1) ◽  
pp. 3
Author(s):  
Amelia Keene ◽  
Sarah Leslie
Keyword(s):  
Real Estate ◽  
Case Note ◽  
The Real ◽  
The Real Estate ◽  
Personal Recollection ◽  
Contract Formation ◽  
Legal Arguments ◽  
Real Estate Agents ◽  
The Right ◽  
Legal Right

This article is a tribute to Professor David McLauchlan on the occasion of his 40th teaching anniversary. The first part is a personal recollection from each of the two authors. The second part is a joint case note.  It poses the question: how could a real estate firm who knew the vendor did not intend to appoint the firm as agent nevertheless have a legal right to withhold commission? In the decision of Nightingale v Barfoot Ltd, Venning J confirmed that the firm had such a right.  This article challenges the accuracy of that conclusion, suggesting that as there was no evidence to support the formation of an agency agreement, the real estate firm did not have the right to deduct commission. It analyses critically a number of the legal arguments raised in the case and those that should have been raised, including those concerning contract formation, the objective principle, promissory estoppel, and the effect of s 62 of the Real Estate Agents Act 1976 and the Contracts Privity Act 1982.  Much responsibility for the outcome of the case must be pinned on counsel for the vendor, who failed to stop and ask himself "But Where’s The Contract"?

System analysis of the real estate accounting procedure using blockchain technology

2021 ◽  
pp. 864-868
Author(s):  
D.A. Gura ◽  
E.S. Shulga ◽  
N.M. Kiryunikova ◽  
K.B. Baranova
Keyword(s):  
Real Estate ◽  
System Analysis ◽  
English Version ◽  
The Real ◽  
The Real Estate ◽  
Blockchain Technology ◽  
The Moment ◽  
State Registration ◽  
Real Estate Register ◽  
Accounting Procedure

At the moment, one of the country’s most valuable resources is real estate. Real estate has a special economic and social status, and the legislators of some countries impose special requirements for the real estate registration. On the basis of the documents on the completed transaction, the transfer of ownership is carried out by making changes to the real estate register. The article describes in detail the procedures for the state registration or rights as well as Blockchain technology based on the cadastral accounting procedure for real estate objects. English version of the article on is available at URL: https://panor.ru/articles/system-analysis-of-the-real-estate-accounting-procedure-using-blockchain-technology/73672.html

Whitman, Melville, Crane, and the Labors of American Poetry

2019 ◽  
Author(s):  
Peter Riley
Keyword(s):  
Real Estate ◽  
Herman Melville ◽  
American Poetry ◽  
Hart Crane ◽  
Contingent Labor ◽  
Cultural Logic ◽  
The Real ◽  
The Real Estate ◽  
Economic Paradigm ◽  
The Right

This book confronts an enduring investment in the poetic vocation. It seeks to challenge a dominant cultural logic that frames contingent labor as a sacrifice that frustrates the righteous progress towards realizing that seemingly purest of callings: Poet. Incorporating the often overlooked or excluded workaday ephemera of three canonical U.S. Romantic poets—Walt Whitman, Herman Melville, and Hart Crane—it offers new archival insights that call for a re-examination of celebrated literary careers and questions their status as affirmatory icons of vocation. The poetry of Whitman the real estate dealer, Melville the customs inspector, and Crane the copywriter, does not constitute the formal inscription of a discrete poetic labor struggling against quotidian work towards the fulfilment of an exceptional individual career. Instead, the distracted forms of their poetry are always already intermingled with a variety of apparently lesser labors. Ousting poetic production from any sanctuary of privileged repose or transcendent focus, this book refigures the work of the poet as a living sensuous activity that transgresses labor’s conventional divisions and hierarchies. It consequently recasts the poet as a figure who unfastens and reimagines the “right of passage” vocational logic that does so much to reproduce the current political and economic paradigm.

scholarly journals Regulation of Protection of Agricultural Land and Limitation of Ownership Rights to Real Estate

2020 ◽  
Vol 29 (2) ◽  
pp. 127
Author(s):  
Rafał Michałowski
Keyword(s):  
Real Estate ◽  
Agricultural Land ◽  
Civil Law ◽  
The Real ◽  
The Real Estate ◽  
Positive Duties ◽  
Estate Property ◽  
The Right ◽  
Ownership Rights ◽  
Economic Use

<p>Regulations of the Act on Protection of Agricultural and Forest Land are treated as a limitation of the right of ownership of the real estate. Unlike civil law regulations, in this Act the legislator defines agricultural land as the subject of obligations specified in the Act, treating them in separation from the issue of ownership relationships. Unlike in civil law regulations, apart from the owner, a number of obligations associated with the protection of agricultural land is also imposed on other entities, which make economic use of the real estate property. According to the Act, the owner of real estate property has a number of obligations, such as prohibition to use land for non-agricultural purposes without having obtained a decision to designate the land for non-agricultural purposes and consent for exclusion of land from production. The owner also has other positive duties, such as the duty to prevent land degradation and devastation. These obligations, however, do not shape the subjective right of ownership, but are external to it, although they should be treated as a limitation to this right.</p>

scholarly journals Legal issues of implementation of the principle of publicity of the real estate register in the People’s Republic of China

2021 ◽  
pp. 22-33
Author(s):  
Shuxiu Chen
Keyword(s):  
Real Estate ◽  
Social Situation ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
The Real ◽  
The Real Estate ◽  
Republic Of China ◽  
Title Registration ◽  
State Registration ◽  
Real Estate Register

The principle of publicity is one of the basic principles of real right and one of the important conditions for implementation of the principle of public credibility of the real estate title registration. During operation of China&rsquo;s Law on Real Rights, a range of problems has emerged with the provisions in this part in doctrine and practice, for example: nature of the registration authority and its impact upon operation of the principle of public credibility of the real estate register, ambiguity of the category of interested person, method of confirmation of interest of the applicant, etc. Due to time constraint, these issues have not been eliminated as a result of recent enactment of the Civil Code of the People's Republic of China. There are plenty of disputes within the Chinese civil law doctrine. This article analyses the evolution of the legislation in force regarding the principle of publicity of the real estate register and state registration in PRC, as well as outlines the array of issues. The goal of this research lies in determination and assessment of significant flaws in the current legislation. The novelty consists in critical analysis of the existing problems and gaps in current legislation of the People's Republic of China, as well as the author's position based on the analysis of China&rsquo;s social situation. The acquired results reveal the need for the development of the unified scientifically grounded legislation. The author believes that this work would contribute to development of the next stage of PRC legislation in terms of real estate title registration, lay groundwork for implementation of the principle of public credibility of the real estate register, as well as familiarize Russian audience with China&rsquo;s experience on the matter.

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