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

Author(s):  
Anna Przewiezlikowska

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.

Author(s):  
Cengiz Kurt ◽  
Seda Hatice Kurt

Although the right to property is a constitutional right, the most common administrative process that terminates it is expropriation. The first condition that gives legal validity and legitimacy for the expropriation process to terminate the right to property is public benefit; The second condition is to determine the real value of the expropriated real estate and to pay this amount to the property owner in a reasonable time. Protection of the right to property can only be ensured if the fair value of the real property is determined. It is essential for the administrations to apply the procurement procedure first in expropriation. The determination of the purchase value is provided by the valuation commission formed by the administration. The valuation commissions should be based on the income to be obtained from the lands in accordance with the Expropriation Law No. 2942 in determining the land expropriation values. As a result of the fact that the valuation commissions do not include objective criteria in the valuation method with the income method, the real and fair value of the real estate cannot be reached and there is no agreement between the parties. It is important that members of the valuation commission are objective and knowledgeable in this regard. In this study, the principles regarding the application of the income method in determining the land expropriation values by the valuation commissions of the administration were examined and some suggestions were brought.


2019 ◽  
Vol 11 (19) ◽  
pp. 5354
Author(s):  
Ingrid Martins Holmberg

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.


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

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.


2020 ◽  
Vol 1 (1) ◽  
pp. 34-49
Author(s):  
Mazed Parvez

Bangladesh is one of the in large part populated countries in the sector. With the urbanization fashion, the populace within the city location is increasing every day. These days the population is about 30 million, and on the 12 months 2040, it has miles anticipated at about two hundred million. With the growing city population, housing calls for in will increase every day. However, the call for will increase the high-quality of urban housing decline. Pleasant residence with a better carrier facility cannot be ensured. Non-public housing gives first-rate city housing, which is needed. The real estate area contributes to quality housing to fulfill city housing demand. Pabna is one of the quickest growing cities in Bangladesh. The city has a populace of about 116305 with this huge populace like different towns of Bangladesh, Pabna cannot provide suitable housing to the city dwellers. Monsurabad housing estate, a real estate corporation placed at Pabna, affords housing facilities to urban dwellers. This observation aimed to determine the contribution of real property zone most of the urban housing and the overall performance of housing facility presents through the real estate region. From this overall performance assessment, a new manner will emerge with the aid of which the private sector contribution to fulfill the city housing demand might be determined and cannot apprehend the fine of housing furnished through the real estate area. This has a look at also consists of some lacking of actual estate quarter and recommends overcoming the missing. Subsequently, the examination could explain how the low- and middle-magnificence-income level humans may be afforded on the entire real estate.


2021 ◽  
Vol 1 (161) ◽  
pp. 129-133
Author(s):  
S. Nesterenko ◽  
Y. Radzinska ◽  
V. Frolov ◽  
P. Firsov

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.


Author(s):  
Anna Przewiezlikowska

The aim of this article is the comparative description of two real estate markets based on the procedures for real property valuation. The study concerned only the land, which was undeveloped, intended for single-family housing in two communes located in the district of Krakow and three communes from the district of Kielce. The analyses were performed at four-year intervals and the comparison of the real estate markets was conducted. The first part contains the description of the areas covered by the research studies and the analyses of the real estate market and market trends. The next stage includes the descriptions of the two test real properties which are the subject of valuation and the fundamental comparative criterion. Then, the algorithms and methods of the calculations are presented. The practical part contains the description of individual markets, the implementation of the analyses and calculations, the comparison of the study areas and conclusions. The comparative analysis of the performed simulations of valuations was carried out first and then followed by a collective summary of descriptive statistics of all the real estate bases and the comparative description of the structures of the databases showing meaningful differences between Krakow and Kielce region.


10.12737/5501 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 53-61
Author(s):  
Павел Стрельников ◽  
Pavel Strelnikov

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.


2016 ◽  
Vol 4 (2) ◽  
pp. 37-50
Author(s):  
Eva Ardielli ◽  
Jiří Ardielli ◽  
David Slavata

Abstract The process of real property valuation by usage of income approaches is significantly affected by capitalization rate. This article deals with problematic of the capitalization rate determination in the real estate segment of apartments in the Ostrava city. It primarily aims to calculate the level of gross capitalization rate according to different urban localities of Ostrava, for various sizes of apartments, as well depending on the type of apartment ownership. The analysis of the real estate market is an important part of the research. It is focused on the offer of apartments from the perspective of market apartments for sale and also of market apartments for rent. The analyzed and calculated spatial values distributions are consequently processed into cartographic outputs.


2011 ◽  
Vol 42 (1) ◽  
pp. 3
Author(s):  
Amelia Keene ◽  
Sarah Leslie

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"?


2019 ◽  
pp. 622-633
Author(s):  

The article deals with the issues of conducting forensic appraisal-building and appraisal-land expertise and expert research of valuation of immovable property in an unstable market. It should be noted that: 1. Using a comparative methodological approach in the present extremely adverse market conditions prevailing in Ukraine, including, and on the background of the rapid devaluation of the national currency against the U.S. dollar, needs assessment (court expert or appraiser) a clear awareness of the fact that almost all the participants of the real estate market at the moment have taken a wait that led to the actual absence of the market itself. 2. The real estate market, which has always been characterized by a certain inertia, in virtue of their nature, react to any changes in the economy only after a certain period of time, that is, a so-called «temporary delay». The process of reaching the market to its equilibrium state is delayed in time because the market participants still can not adapt to new economic realities as the situation in the country as a whole continues to change literally every day and talk about any signs of stabilization earlier. 3. Analysis of General dynamics (trend) behavior of the real estate market shows that the hryvnia and the dollar prices in practice «diverge», that is, prices denominated in us dollars decrease, and the Ukrainian currency is going up. 4. Under these conditions, within the comparative methodological approach by conducting a court expert or appraiser procedures, the so-called «actualization» of the value proposition analogues on the valuation date of a particular object in an environment of rapid devaluation of the Ukrainian hryvnia is not just permissible but essential as it allows the contractor estimates to neutralize the factor «retrospectives»announcements are about objects-analogues in conditions of high volatility of the currency market. This procedure is advantageously carried out in the final part of the stage of collecting and analysing information about the sale or supply of such real property and identifying objects of comparison, and directly after that go to the comparison of object of evaluation with the objects of comparison and then correcting the already «updated» the sales price or offer price of the objects of comparison. 5. The procedure «updating» of the value proposition analogues on the valuation date is advantageously carried out using the above empirical relationships. 6. The performers of the assessment can also use a mathematical expression to calculate the magnitude of typical discounts for the bargain, the absolute value of which depends on the three market variables: the forecast term exposure, discount rate and annual rate of market value change in time of the specific property. 7. For active and developed markets in which the typical time frames of exposure are relatively small, particularly in periods of rapidly rising prices, discounts to the trade are significantly reduced or disappear altogether. 8. In periods of stagnation in the markets, for which the typical time of exposure significantly increased, especially in periods of lower prices, discounts on bargaining, on the contrary, have been increasing substantially, and have in fact, as of today. Keywords: real estate, assessment, unstable market, updating the value proposition, the adjustment for the bargain.


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