Adjoining Property Research Articles

Rainfall Runoff Modelling of Panchaganga River Using HEC-HMS Software and it's Analysis.

The present study of this project is intended on the formation of a working flood model of the river Panchaganga flood in the Kolhapur stretch which is in Maharashtra state in India. Using HEC-HMS the precipitation is used to estimate the run off along the watershed. The central aim of this project resides in the development of a calibrated working model of the 2019 floods. This model is later used to simulate the various possibilities of flood event. Rainfall Runoff Model which is a mathematical model which relates the rainfall and runoff with the use of catchment area or watershed area. Hydrological modeling can estimate for the runoff in the study area of the model by evaluating the precipitation and discharges inputs given to the HEC-HMS software. Hydrological models on the other hand estimates the surface runoff within the study area. In recent decades, India has experienced an increase in the frequency of flood disasters. Flood is a flow that overtops either hydraulic structure or river bank along a stream resulting in damage to the adjoining property or life. The primary reason behind this is the Climate change and Immense urbanization, which has resulting in alteration of basin characteristics. The development projects near riverbanks have the worst effects on a reach's ability to drain, which increases the likelihood of flood-like conditions. In this project an area of the Panchaganga river is to be taken and a flood mapping using HEC-HMS (Hydrological Modelling System) and GIS software is to be drawn. According to the drawn flood map there will be a suitable mitigation measure suggested and the effect of the suggested mitigation measure is to be modeled.

THE VALUE OF A NEIGHBOUR’S VIEW

The recent judgment of the Supreme Court of Appeal in Paola v Jeeva NO (2004 1 SA 396 (SCA)) has caused quite a stir in the property industry. The court ruled that in terms of section 7(1)(b)(ii)(aa)(ccc) of the National Building Regulations and Building Standards Act 103 of 1977 a local authority cannot approve a building plan if the proposed building would obstruct the view from an adjoining property to such an extent that the obstruction would in fact derogate from the market value of the latter property. Some property practitioners have interpreted the judgment to mean that a municipality is now prohibited from approving the building plan relating to the construction of any building if the proposed development would impair the view from an adjoining property. Many believe that“the logical conclusion of the … decision is that he who first develops his property may be able to prevent his neighbours from developing their properties in similar fashion, to any extent that it detracts from his view”.Based on this interpretation of the judgment, owners of vacant land in coastal resorts whose view is currently obstructed by an existing building may rightfully fear that they will be forced to live with this given the position that they cannot build a double storey to obtain some view if by doing so they would, in turn, obstruct the view from an adjoining property. In fact, this belief has prompted some estate agents to advise sellers of vacant land that since they cannot erect a building obstructing their neighbour‟s view, the value of their properties has been diminished substantially, hence they should lower their asking price. Against this background it is perhaps not surprising that it has been suggested that the judgment “cannot be a correct interpretation of the relevant section” and that the Supreme Court of Appeal “needs to reconsider its broad-brush approach to the meaning of value … and in any event that the legislature needs to amend the section to ensure that it is interpreted sensibly”.The purpose of this note is to place the Supreme Court of Appeal's judgment in proper perspective. It is submitted that the decision is perfectly correct and, properly interpreted, does not support any of the aforesaid contentions.

Regspraak: Géén teenprestasie vir ’n serwituut van parkering oor eiendom van ’n aandeleblokskema – bedenklik – ook wat kompetensie betref

The consequence of encumbering property with a perpetual praedial servitude is to burden all subsequent rightful holders of the servient tenement with the encompassing restriction to their entitlements as holders of the real right to the property. Such an encumbrance results in a severe subtraction from the dominium of the servient property. It would be deemed proof of prodigality if an owner were to consider such encumbrance unless a reasonable quid pro quo is received in lieu of the encumbrance, and this may take the form of damages payable to the owner of the servient property. The competencies of prodigals are restricted in their own interest and any perceived unassisted disposals of their assets are deemed a nullity. The same applies to any perceived disposal of valuable assets if the law limits the competency of the party to the disposal. In light of the premise that when in doubt any presumed servitude should be interpreted restrictively it is submitted that a court should be sceptical when claim is laid to a perpetual servitude encumbering 250 out of a total of 311 parking spaces in a housing development scheme for retired persons for the benefit of unspecified generations of clients frequenting businesses housed on the neighbouring property if no meaningful quid pro quo was paid by the owner of the neighbouring property and the competence of the directors who mandated a lawyer to register the servitude may be doubted. In order to protect the interest of holders of an interest in a share block scheme or a housing development scheme for retired persons the legislature enacted that any subtraction from the dominium of such schemes as owners of immovable property may only be agreed to when mandated by a special resolution. In the Olive Marketing case no special resolution was minuted where the required decision had been taken. On account of a stipulatio alteri the first defendant acquired the property from the eThekwini Municipality in terms of an agreement of sale to which it was not a party. The sale agreement provided that a parking servitude over the subject property would be created in favour of the adjoining property as dominant tenement. The court held that: it was the clear intention of the municipality and the buyer to create a praedial servitude, and the agreement of sale accurately reflected this intention. This judgement regarding the obligatory agreement may be sound but it is submitted that the court failed to consider whether any valid real agreement could be concluded to transfer the limited real right of the servitude unless the statutory requirements were met. By its signature to the sale agreement, the buyer had bound itself to grant and register the servitude, but the buyer never acquired ownership of the property. The plaintiff only acquired ownership of the perceived dominant property fourteen years later and was not a party to the original sale. Therefore, it is doubtful whether he was entitled to compel the first defendant to cooperate in registration and the utilisation of the so-called praedial servitude. If a servitude was involved, it is submitted that at most a personal servitude could have been considered, because the utilisation of the parking spaces does not meet the requirement that the entitlement of the servitude must benefit the dominant property and not the drivers of the vehicles seeking parking. It is comparable to the well-known examples of a personal servitude to play tennis on the servient property or the walk on that property, but such a personal servitude is not transferable and is extinguished by the death of the holder. It does not burden the servient property in perpetuity. The court’s finding that the special resolution requirement under section 4B of the Housing Development Schemes for Retired Persons Act 65 of 1988 was not applicable because the registration of the servitude did not impact on a right of occupation under the act cannot be supported. The special resolution requirement prohibits not merely the alienation of land intended to be used for occupational purposes in the narrow sense but also aspects that impact on the quality of the housing of the residents including the parking facilities. It is submitted that any subtraction from the dominium is included under the restriction and requires a special resolution and the transfer of such a perpetual praedial servitude does subtract from the dominium.

Last man standing: Potential absurdities in the Party Wall etc. Act 1996

This paper analyses the potential absurdities in the Party Wall etc. Act 1996 arising out of a recent party wall case, along with the practical implications for practising party wall surveyors. The Party Wall etc. Act 1996 came into force on 1st July, 1997 and is law in England and Wales. The Act provides a statutory mechanism for resolving disputes where the implementation of ‘notifiable’ works by one property owner (the building owner) has an impact on an adjoining property owner (the adjoining owner). Notifiable works generally comprise adjacent foundation excavations, works to repair, rebuild or modify a shared ‘party’ wall and the construction of walls at, or astride, the ‘line of junction’, being the legal boundary between the lands of two or more owners. In the event a ‘dispute’ arises between the respective property owners over the notifiable works, the Act requires both parties to appoint their own party wall surveyor, whereby the two surveyors then select a third surveyor to adjudicate any dispute they may have. Alternatively, the parties may elect to jointly appoint a single ‘agreed surveyor’ as a neutral arbiter. The agreed surveyor or the three surveyors, as the case may be, then resolve the dispute by way of an ‘award’ which is legally binding unless rendered invalid through procedural defect or where successfully appealed by either party in the county court within 14 days of service.

The consideration of trees in rights of light cases Part 2

PurposeThe purpose of this paper is to continue the research set out in the consideration of trees in rights of light cases Part 1. To consider whether it is possible to measure a tree with sufficient accuracy that the impact on daylight within a building can be predicted in a way that can be applied in rights to light cases.Design/methodology/approachBy reading published research on tree growth rates, crown transparency and theoretical modelling it is intended to determine the available methodologies for predicting light transmission through tree crowns. Then by inspecting common oak trees in all parts of the country, it is intended to review whether the available methodologies are capable of producing a relatively accurate result using manual methods or whether it is necessary to devise a software solution.FindingsThe research found that whilst theoretical methods exist for predicting light obstruction by trees, these could not be used in practice and that manual methodologies would not provide sufficient accuracy. However, survey techniques such as 3D Point Cloud can be taken further with the development of a software solution that uses an algorithm to predict branch size and location where these are not visible in a survey.Research limitations/implicationsThis research concentrates on the theoretical aspect of assessing trees in rights to light cases. It is usually necessary for a live legal case to occur before research into software takes place. It will be necessary to develop the software and then test survey a tree in full leaf and in the absence of foliage to determine whether the algorithm is sufficiently accurate and this will take time.Practical implicationsThis research concentrates on the theoretical aspect of assessing trees in rights to light cases. It is usually necessary for a live legal case to occur before research into software takes place and the conclusion reached was that it will be necessary to develop the software and then test survey a tree in full leaf and in the absence of foliage to determine whether an algorithm is sufficiently accurate and this will take time. It has also been demonstrated that trees may be considered as existing obstructions in rights to light cases and that once software has been developed and tested then it will enable developers to show that their proposals have less impact on the daylight within an adjoining property than would be the case if trees are ignored.Social implicationsIn many instances, the economic development of a site, especially social housing, is limited by the rights to light of adjoining owners. Where it can be shown that the light levels enjoyed by those owners are already impaired by existing trees then this may assist the developer.Originality/valueAt this point no one else has researched this subject to the extent contained in this paper.

Criteria of the estimation of residential appeal of the territories in the construction of high-rise complexes

Lots of documents governing the construction, urban planning and territory improvement have been enacted a long while ago and basically give little consideration to changes going on and current state of affairs. They are mainly related to the average cost of living in the country. This necessitates the development of a methodical base of increasing the output of the work of construction. The basic criteria for the evaluation of the appeal of objects while constructing are high-rise complexes. A method for the calculation of land needs for the general plan of an investment construction project with a yard (or condominium). The research carried out showed that urban planning standards are not really stuck to, i.e. should be. On top of that, the objections of land adjoining property are the painfully missing.

BUYERS’ PROPERTY ASSET PURCHASE DECISIONS: AN EMPIRICAL STUDY ON THE HIGH-END RESIDENTIAL PROPERTY MARKET IN HONG KONG

Demand for luxury housing units from the upper and upper-middle income groups in Hong Kong has been increasing over the last few years. as the market cannot satisfy demand, some prospective buyers have turned their attention to “special” housing units. this research paper attempts to investigate buyers’ preferences for two types of “special” units, namely duplex units and adjoining flats. the study investigates the price premiums paid by the buyers, and examines the effects of these special units on property price. the study employs two hedonic price models: one measuring the buyers’ preference on duplex units and the other one measuring buyers’ preference on adjoining flats. The results show that buyers are willing to pay a larger premium for special residential units: HK$588/ft 2 more for a duplex unit and HK$934/ft 2 more for an adjoining property unit, respectively. furthermore, a relatively larger premium is found for adjoining flats compared to duplex units. This implies that a property unit, purchased as an adjoining flat can add more value to the property price (in terms of $s per sq. ft.) compared with being a duplex unit.

Pre-emption: Bangladesh Approach

Pre-emption is a prior right of a co-sharer of a land either by purchase or by inheritance, owner of adjoining property or neighbor of a land. When a piece of land is sold to a third party without acknowledging such owners of land, the question of right of pre-emption arises, i.e., the co-sharer of land is first entitled to purchase the land and claim the ownership. If he waves his right by consent either expressly or impliedly, a third party or a stranger can purchase it. In Bangladesh there are three legal approaches as regards pre-emption- (i) Muslim Law Approach, (ii) State Acquisition & Tenancy Act, 1950 Approach and (iii) Non-agricultural Tenancy Act, 1949 Approach. This paper will focus on pre-emption under Muslim law and statutory laws in Bangladesh and make a comparative study. It will analyze present situation or approach of pre-emption in Bangladesh and determine the drawbacks of the existing statutory law and problems in case of application of pre-emption, and give way of solution.

Seismic analysis of frame-strap footing-nonlinear soil system to study column forces

The differential settlements and rotations among footings cannot be avoided when the frame-footing-soil system is subjected to seismic/dynamic loading. Also, there may be a situation where column(s) of a building are located near adjoining property line causes eccentric loading on foundation system. The strap beams may be provided to control the rotation of the footings within permissible limits caused due to such eccentric loading. In the present work, the seismic interaction analysis of a three-bay three-storey, space frame-footing-strap beam-soil system is carried out to investigate the interaction behavior using finite element software (ANSYS). The RCC structure and their foundation are assumed to behave in linear manner while the supporting soil mass is treated as nonlinear elastic material. The seismic interaction analyses of space frame-isolated footing-soil and space frame-strap footing-soil systems are carried out to evaluate the forces in the columns. The results indicate that the bending moments of very high magnitude are induced at column bases resting on eccentric footing of frame-isolated footing-soil interaction system. However, use of strap beams controls these moments quite effectively. The soil-structure interaction effect causes significant redistribution of column forces compared to non-interaction analysis. The axial forces in the columns are distributed more uniformly when the interaction effects are considered in the analysis.

Second Circuit Holds That Declaratory Judgment for Future Contribution Claims is Appropriate in Dispute between Adjoining Property Owners

One of the most difficult issues in Superfund litigation relates to how a government enforcement effort affects the environmental claims between parties who may have responsibility for contaminatio...

Using “The Party Wall etc. Act 1996” to gain access to a neighbouring property

Purpose – This paper aims to consider the right created by section 8 of the Party Wall etc. Act 1996, which allows an owner of a property to enter on to an adjoining owner's property without their consent, while protecting the adjoining owner's legal rights. It identifies the procedures that an adjoining owner has to prevent unlawful access and to protect themselves from damages arising from the access.Design/methodology/approach – The paper reviews the implementation of that part of the Act dealing with access, informed by the author's professional experience as a party wall surveyor.Findings – While there is an explicit right of access on to an adjoining owner's property, the access is for works “in pursuance of the Act”. If the building owner can satisfy this criterion then the right of access is provided. If not, the access is a trespass and therefore should be dealt with as a tort in common law. The paper identifies the correct processes and factual evidence required to achieve access.Originality/val...

A Doctrine in Need of Renourishment

As the old real estate adage goes: “First, trade up; then get to the water.” In Stop the Beach Renourishment, the adjoining beachfront property owners obviously thought they had successfully followed this adage, achieving their littoral rights to “touch” the ocean. Their sense of fulfillment has now been tempered by the U.S. Supreme Court’s opinion affirming that the Florida Supreme Court’s decision upholding the state’s Beach and Shore Preservation Act did not itself effect a taking of Petitioner members’ littoral rights in violation of the Fifth and 14th Amendments.

The Lichens and Lichenicolous Fungi of the Point Loma Conservation Area, San Diego, California, USA

109 species of lichens and 9 lichenicolous fungi are reported from Point Loma from the Cabrillo National Monument and adjoining Navy property in the Point Loma Conservation Area. Porpidia soredizodes (Lamy ex Nyl.) J. R. Laundon is reported new for California.

Aspects of Environmental Cost Accounting

Abstract Managing and controlling environmental costs at a contaminated site can be a cumbersome undertaking followed by a frustrated accounting attempt to identify, track, compile, audit, estimate, or forecast these expenditures. How can you be sure that the money you spend constitutes reasonable and customary charges? Where are the statistical analyses comparing costs to cleanup a polluted facility? What are the monetary and regulatory liabilities associated with this effort? How will the property and adjoining property values be affected by the stigma of pollution? Indeed, these are just a few of the questions corporate managers ask when involved with either a large scale Superfund site or a simple leaking underground storage tank cleanup. The costs associated with cleanup activities increase exponentially as the process slowly moves forward. However, armed with an environmental cost management plan, companies can take control and manage their costs and at the same time increase profits.

Exposure of a liquefied gas container to an external fire

In liquefied gas, bulk-storage facilities and plants, the separation distances between storage tanks and between a tank and a line of adjoining property that can be built are governed by local regulations and/or codes (e.g. National Fire Protection Association (NFPA) 58, 2004). Separation distance requirements have been in the NFPA 58 Code for over 60 years; however, no scientific foundations (either theoretical or experimental) are available for the specified distances. Even though the liquefied petroleum gas (LPG) industry has operated safely over the years, there is a question as to whether the code-specified distances provide sufficient safety to LPG-storage tanks, when they are exposed to large external fires. A radiation heat-transfer-based model is presented in this paper. The temporal variation of the vapor-wetted tank-wall temperature is calculated when exposed to thermal radiation from an external, non-impinging, large, 30.5 m (100 ft) diameter, highly radiative, hydrocarbon fuel (pool) fire located at a specified distance. Structural steel wall of a pressurized, liquefied gas container (such as the ASME LP-Gas tank) begins to lose its strength, when the wall temperature approaches a critical temperature, 810 K (1000 °F). LP-Gas tank walls reaching close to this temperature will be a cause for major concern because of increased potential for tank failure, which could result in catastrophic consequences. Results from the model for exposure of different size ASME (LP-Gas) containers to a hydrocarbon pool fire of 30.5 m (100 ft) in diameter, located with its base edge at the separation distances specified by NFPA 58 [NFPA 58, Liquefied Petroleum Gas Code, Table 6.3.1, 2004 ed., National Fire Protection Association, Quincy, MA, 2004] indicate that the vapor-wetted wall temperature of the containers never reach the critical temperature under common wind conditions (0, 5 and 10 m/s), with the flame tilting towards the tank. This indicates that the separation distances specified in the code are adequate for non-impingement type of fires. The model can be used to test the efficacy of other similar codes and regulations for other materials.

ANIMAL-RELATED VEHICLE ACCIDENTS AT THE LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO

Large animals occurring on Los Alamos National Laboratory (LANL) and adjoining property pose a number of concerns to area residents and government agencies. Some of these concerns are animal-related accidents that can result in human injuries and fatalities, property damage, and a loss of an economically viable resource (game). We analyzed animal-vehicle accident data with respect to time, season, location, and species for accidents occurring on LANL property and analyzed site characteristics of accident hotspots. We observed a significantly greater number of vehicleelk (Cervus elaphus) accidents during winter compared to summer and spring and a greater number of elk and mule deer (Odocoileus hemionus) vehicle accidents during late afternoon and evening hours compared to morning and afternoon hours. We estimated a cost of $136,500 per year associated with animal–vehicle accidents occurring on LANL property (excluding medical costs). Slope and vegetation height were the best predictors of the status of an area as a hotspot or a control site. These data will be used in public education efforts and to develop mitigation measures to reduce the potential for accidents.

Coastal access and public policy: a selective annotated bibliography

Coastal access has been, and continues to be, a controversial issue with both beachgoers and adjoining property owners having equally compelling legal rights to use and enjoy the shore. Federal, state and local governments have tried to provide for the high demand for recreational coastal access while accommodating the shorefront property owners through legislation, regulation, land use planning programs, and technical assistance. Budget cuts and reduction of resources experienced by most governments require that they create or adapt low cost and effective public access programs. This selective annotated bibliography highlights a variety of resources that describe or advocate successful public coastal access policies and programs which may be utilized by government entities or other public policy making bodies in implementing their own access programs.

The New Federal Law on Brownfields: The Small Business Liability Relief and Brownfields Revitalization Act

On January 11, 2002, President Bush signed the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) into law—nearly eight years after the first brownfield bill was introduced into Congress. For the first time, “brownfield” is defined in statute as all “… real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.” The new law makes it easier for communities and site owners to promote site cleanup and revitalization; gives states new resources—and new responsibilities—in the cleanup process; and clarifies liability concerns for innocent parties, prospective purchasers, and adjoining property owners who did not have a hand in the contamination and who cooperate in its cleanup. The new law more than doubles the United States Environmental Protection Agency's (USEPA) pilot brownfield program, authorizing $250 million per year (through 2006) for the effort; it also...

A systematic approach for evaluating the requirement for service of party structure notices

The Party Wall etc. Act 1996 makes provision for the service of party structure notices on adjoining property owners where certain types of work are undertaken to party walls and other structures between neighbouring properties. The paper emphasises the difficulty of determining whether a notice should be served in a particular situation and the importance for property managers of making a correct decision. A systematic approach is proposed whereby each of the component parts of the task is addressed separately before a final decision is made. The paper examines these component parts and applies the relevant legal rules to each in the context of circumstances frequently encountered in practice.

Recreation Benefits of Neighboring Sites: An Application to Riparian Rights

Travel cost methods cannot be utilized in deriving welfare benefits to households who reside adjacent to recreation sites, for they have direct access to site benefits at virtually zero cost. Hedonic theory is applied to a housing market that abuts Hyco Lake, NC. The linear feet of shoreline is the unique attribute that localizes the lakeshore housing market from others. Regressing the annual rental prices of lakeshore homes on lot and housing attributes, the shoreline coefficient is positive and significant. Since we are valuing the localized benefits of a lake, we interpret the shoreline coefficient as the marginal benefit of riparian rights per household and use this value in computing recreation benefits.KEYWORDS: Recreation resources, recreation economics, recreation modeling, hedonicsIntroductionDetermining the willingness-to-pay by households for recreation sites is important in guiding public policy and in designing land use policies (Freeman, 1979). However, there is no market through which public recreation sites can be valued by analysts. Lacking a price with which to value site benefits, the use of indirect techniques are required to estimate the recreation demands and compute welfare benefits (Mendelsohn, 1987). For example, travel cost methods involve computing a price of a site's services when both travel distance and the opportunity cost of travel time per trip are measur able. But what about the localized benefits from a recreation site where the travel costs of entry are virtually zero for adjoining property owners? If the benefits are observable, hedonic property value techniques appear to be well-adapted for studying the welfare benefits to households (Brookshire, Thayer, Schulze, & d'Arge, 1982; Brown & Pollakowski, 1977; Mendelsohn, 1985). We estimate the benefits of riparian rights for households whose properties abut a privately owned apron of land around Hyco Lake in north central North Carolina. Lakeshore property owners are given riparian rights to the lake with the permitted construction of boat-houses, ramps, and piers, and other indirect benefits such as the clearing of trees and shrubs for direct scenic views, and weather moderating effects. The riparian rights are viewed as localized recreation benefits by lake developers, a concept supported by Clark and Downing (1985) who found that households placed a high value on water-oriented amenities and riparian rights, whether at lakes, streams, or marine locations. Although not the focus of this paper, property owners can also incur localized externalities (e.g., noise, ground litter) due to the kinds of activities and ensuing conflicts that occur when other visitors cannot be excluded from public area use.In past lake studies, Knetsch (1964) compared property values to the presence or absence of a lake or reservoir. David (1968) compared shoreline property values to lake quality characteristics, and Burby (1971) studied factors affecting residential locations in reservoir recreation areas. Information on riparian benefits from this study can be used by power company officials as an input into their deliberations on a proposed change in current policy at a distant lake to allow for the transfer of riparian rights to lakeshore property owners.Hedonic TheoryThe expanded uses of hedonics began in 1961 with the first of many papers to examine the transportation-saving aspects associated with alternative residential locations (Mohring, 1961), and later the behavior of prices for durable consumer goods and quality changes over time (Rosen, 1974). More recently hedonic theory has been applied to the study of environmental degradation of recreation resources and residential property (Wilman, 1984). Studies completed on the potential changes to the quality of recreation sites included water (Bouwes & Schneider, 1979), hunting (Livengood, 1983), and fishing (Clark & Kahn, 1989). Examinations of the positive capitalized effects of various recreation amenities on property values have included parks (Weicker & Zerbst, 1973), greenways (Correll, Lillydahl & Singell, 1978), schools and park-schools (Hendon, 1973), water parks (Darling, 1973), and open space (Curtis, 1993). …