Property Estate Research Articles

On the socially fair system of calculation of fine as a criminal penalty

The article analyzes the issue of socially fair system of calculating fines as a criminal penalty, and substantiates the proposal on the feasibility of revising the monetary equivalent in which the fine is calculated, as in Ukraine there is a real need for critical analysis of the latter/
 The author proved that the current monetary equivalent, which calculates the fine in the sanctions of the articles of the Special Part of the Criminal Code of Ukraine, does not meet modern society requirements, introduces a significant imbalance in determining the amount of damage and liability for a criminal offense and does not take into account property (financial and economic) the condition of the perpetrator. It is proposed to take as a basis for a socially just system of calculating the fine the average monthly income of the perpetrator. The average monthly income of the perpetrator should include the amount of wages, pensions or scholarships, cash income from business or other legal activities, income in the form of interest on bank deposits, income from securities, land, real estate and other movable property. Therefore, the amount of the fine for the committed criminal offense will depend on the total income of the offender, will be real and justified given the economic (property) condition of the offender. And, most importantly, given the different wealth and income of individuals in Ukraine, the fine will really correspond to the criminal law content of the principle of justice.
 It is determined that the fine applied to the guilty person must be both tangible on the one hand, and feasible and fair on the other. The fine should have a preventive value in its general and special aspects, rather than repressive and punitive effects. Therefore, to determine its preventive role, it is advisable to establish at the regulatory level an adequate equivalent for its calculation and an amount commensurate with the financial situation of the perpetrator and the criminal offense committed by him. This fair equivalent should be the average monthly income of the perpetrator, the latter is widely used in progressive foreign countries to calculate the fine as a criminal punishment.

The Effect of Landscape Features Implemented in Egyptian Parks on Satisfying the Human Needs and Well-being

Recently, parks have been recognized as one of the main contributors in the strategic objectives of urban projects, since they provide job opportunities, place attractiveness, increase the real estate market and property values, tourist development, increase the since of social belonging between the residents, improving the public health and the quality of the residents’ life. The presented research is aiming to investigate the effect of Landscape features on the quality of life (QOL) inside Egyptian parks. This study has been inspired by early theorists like “Maslow” and other theorists who have followed Maslow’s footsteps. They analysed and measured the concept of quality of life (QOL)into two well-known terms “human needs” and “well-being”. The study explores the impact of landscape features towards “human needs and well-being”. Lately, Egypt is suffering from inflation and economic crisis which affect the Egyptians life style. Most of the Egyptian society is living a stressful life; this study will examine whether the Egyptian parks help Egyptians as an escape way where all the negative vibes are going to meet with nature resulting in a positive outcome. This research used qualitative investigation method to measure the impact of implementing landscape features in Egyptian parks on enhancing the quality of the Egyptian life by measuring the (QOL) with regards to “human needs and well-being”. The presented research investigated the impact of landscape elements implemented in Al-Azhar Park and Family Park on “human needs and well-being”. That shall pave the way to investors, policymakers, architecture and civil practitioners to realize the potentials of designing and constructing parks in Egyptian urban environment, as an efficient tool to improve the quality of Egyptian life.

Development of Architectural Model for Estate Valuation System

Estate valuation is the art, practice and science for the determination of the value of the entire property description and the interest therein. Estate valuers quest for a better method that will bring effectiveness, accuracy and efficiency in their practice. The need to optimize valuation process and method has become a timely contemporary demand. The research was designed to develop architectural model for estate valuation. The study was poised to; identify the traditional method of estate valuation, design a template for estate valuation, implement the estate valuation template, test and deploy the estate valuation template. The study adopted the waterfall model. It breaks down the project activity into linear sequential phases where each phase depended on the deliverable of the existing one and the next one to a specialization of events. The study achieved its aim; architectural model for estate valuation system (AMVS). The AMVS was implemented on the PHP programming platform with MYSQL as database. The system was tested and deployed. The system validity and originality was measured by comparing its outputs with the direct results of a professional valuer over the same estate property and disparity in results was negliablly minimal. The system is recommended for use by users with basic knowledge of computer operation and doing so with recommended data categories as indicated in the documentation as related to the estate valuation practice, alongside the use of recommended standard hardware and software specifications should be closely adhered to.

JEWISH LANDOWNERSHIP AND INTERETHNIC RELATIONS IN KYIV GOVERNORATE AT THE END OF THE ХІХth AND THE BEGINNING OF THE ХХth CENTURIES

aim of the article is to analyze possible modes, which were used by the Jews to own a plot of land and estate property in Kyiv Governorate at the end of the ХІХth century and the beginning of the ХХth century, to explain a negative attitude towards Jewish population by the growing struggle for the landownership based on the archival sources. The research methodology of the article is based on general historical methods such as typological and statistical; as well comparative and structural analyses have been used by the author. The Scientific Novelty. The article is the first attempt to discover the modes and schemes to own a land property by the Jews, who tried to avoid the law restrictions of the Russian Empire, and to explain other ethnical groups’ negative attitude towards the Jewish population in Kyiv Governorate by means of getting a land property, which was a symbol of freedom and welfare. This problem is especially urgentnowadays, when the issue of the moratorium on the sale of an agricultural land is actively discussed in Ukrainian society and the slogans are avoided to prevent tthe loss of a national heritage. The Conclusions. At the end of the ХІХth century and the beginning of the ХХth century Kyiv Governorate was a field of struggle between the representatives of different ethnic groups, among which the Jews were the most active. Their amount was growing in the governorate and representatives of the Jewish people dominated in commercial and industrial circles. This negative image was amplified by the attempts of the Jewish people to avoid limitation of rights, especially, prohibition on landownership. Having funds, the Jews were discriminated by the law of the Russian Empire. However, certain representatives of the Jewish people, who found flaws in the law, bought the lands in Kyiv Governorate. The analyzed documents illustrated that there were two ways to do this. The first way was to draw up a lease arrangement under nominee name from the Christians. Another way was to become a new landlord using a lease arrangement on a manor estate or land in case of debts or death of a previous owner.

Glosa do wyroku Sądu Najwyższego z dnia 28 lutego 2017 r. (I CSK 127/16, LEX nr 2297403)

<p>The commented judgement concerns significant legal issue, namely the consequences of ineffective lapse of a six-month time limit for notification of share capital increase in a limited liability company, in respect of in-kind contributions in the form of real estate (property), that have been made before that time limit. Article 256 § 3 of the Code of Commercial Companies refers to respective application of Article 169 of the Code of Commercial Companies in respect to the registration of an amendment to the company deed. In the commented judgement, the Supreme Court explained how the above-mentioned reference should be interpreted in the case of the increase of share capital in a limited liability company for an in-kind contributions in the form of the share in the ownership of a property.</p>

Обзор и анализ информационных технологий в области кадастра, оценки и управления недвижимостью в Социалистической Республике Вьетнам

Обзор и анализ информационных технологий в области кадастра, оценки и управления недвижимостью в Социалистической Республике Вьетнам

Juridical Study of Premarital on Joint Property which Made by Notary and Legal Consequences in The District of Kudus

Premarital agreements on joint property made before or during the marriage took place, the parties may determine the contents of the agreement, especially respect the innate property of each party in a premarital agreement. In Act No. 1 of 1974 About the Marriage of Article 29 paragraph (1) confirms that at the time or before the marriage took place two parties by mutual consent may submit a written agreement authorized by the employee registrar of marriage, after which it shall also apply to third parties lodged. Having made premarital agreement then the next must be registered in the district court clerk's office in legal marriages were held, the purpose of such registration in order to satisfy the principle of publicity. Background of the problem, authors conducted a study entitled "Juridical Study Of Premarital On Joint Property Which Made By Notary And Legal Consequences In The District Of Kudus". This study raises the issue of implementation of joint property on premarital agreement made by the notary in Kudus and the legal consequences of the implementation of a premarital agreement. The purpose of this study is to investigate the implementation of the agreement For Premarital of joint property made by a notary in Kudus and to know the legal consequences of a premarital agreement made by the notary. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analysis method. Based on the results of data analysis concluded that Premarital agreements about the estate property that is made before a notary in the Kudus District by husband and wife time before or after the course of the marriage as provided for in Article 29 of Act No. 1 of 1974 About Marriage asserts that the agreement must not violate limits of the law, religion and morality. Agreement it means the contents can be related to any of any one of them the separation of joint property during the agreement was detrimental to the parties and does not conflict with the nature and purpose of marriage. The legal consequences premarital agreement made by a notary it is binding and valid as the Law for the parties. If the premarital agreement that has been made by the husband and wife there was a violation.Keywords: Juridical Study; Premarital Agreements; Joint Property.

Lessons Learnt from Chinese Housing Development the Case of Affordable Housing and Its Funding

Dated back to the opening up policy, Chinese economy had been rising tremendously, coupled with achievement, though housing challenges across the country greatly arose. Under the traditional planned economy since 1949, entirely housing construction became the State responsibility. As a result of lack of finances, new housing production has not emerged while nation population on rise. Till 1988 when Urban housing reform existed as proposed strategy of affordable housing for the ordinary households through the private housing market. However, the strategy faced numerous obstacles such as lack of sec-ond hands market, an undeveloped real estate profession, indistinct land and property and property regulation plus absence of proper property management support. Amid these obstacles, the lack of housing ?nance would appeared to be a vital problem. Government Introduction of housing provident fund (HPF) scheme in 1991 applied as right measures for curving housing funding problems, under the Housing development fun, all employees required to contribute a percentage of their incomes to housing funding problems and employers contributed a similar amount. individual workers Accounts were opened with Construction Bank of China. Currently workers allowed to withdraw their housing development savings at retirement period, instead their application for their housing development savings as homes purchases in housing market. This has been implemented to the letter in most cities in China, regardless of variations of operational schemes and architectural demands in consideration to geological that varies from locality to another [1]. Applying an experiential research of the housing development savings Scheme in Shanghai as a case research, this paper reviews the role of the HPF in ?nancing affordable housing expansion in most parts of China.

PROPERTY AS A SUBJECT OF TAXATION IN THE FRAME OF LAW

Property tax is calculated on the basis of owned property. It is different from most other taxes where the increase in wealth is taxed. The property may consist of, among others, land properties, buildings, enterprises, agricultural real estate or forest properties. Due to such division of property type there are following property taxes: agricultural tax, forest tax, property tax, vehicle tax, and gift and inheritance tax.

Valuation Models for Low-Income Housing: How Does Income Approach Reduce Ambiguity of Assessing Property Tax?

Property tax valuation and assessment for low-income housing remain a challenge for real estate assessors, developers, property managers, and local governments. This paper reported the research findings on the use of valuation methods for real estate tax abatement in low-income properties gathered from real data. Based on data from income statements and balance sheets of client’s properties, valuation models for low-income housing versus market-price housing were proposed and the major variances were compared. From the examination of the major valuation methods used by states and localities, evidence was found to explain: 1) How the fair market value method failed to apply to the tax assessment in Massachusetts that requires a market-price value for property assessment purpose, and 2) why the income approach is preferred in the asset valuation of low-income housing. The findings showed the effectiveness of income approach in the absence of statutory mandates in the State of Massachusetts where a disparate body of case law is used. The paper shined light on valuing real estate encumbered with restrictions for assessment purposes, especially for properties vulnerable to changes in property taxes. It further suggested the need for a legislative resolution for clarity and consistency in valuation of low income housing.

Real Estate Appraisal in Central-Eastern Europe: Comparative Analysis of Poland and Slovakia

Abstract The countries in Central-Eastern Europe have been subjected to dynamic economic changes. Researchers from Poland and Slovakia study the history of the creation of and rules by which the real estate appraiser’s profession functions. They also present the methodological basics for property appraisals. The original value of this article is a comparative analysis depicting the similarities and differences occurring in the research area, in two countries from the same region of Europe. The analysis may also influence the methodological discussions of specialists concerning the correctness and purpose of certain approaches, methods or techniques of property appraisal. The main goal of this article is conducting research on the operational rules of the real estate appraiser profession and property appraisal methods. The detailed objectives include: a critical comparative analysis of the solutions used in the above-mentioned countries, searching for interesting, unusual methodological propositions, and presenting a current assessment of the applied property appraisal methodology. The foremost methods used in this article are: the analysis of legislative instruments, the analysis of literature concerning property appraisal methodology in Poland and Slovakia, and a questionnaire (CAWI and PAPI technique). Complementary knowledge was derived from official government internet portals and trade associations dealing with property appraisals. A comparative analysis was the basis for conducting research on the similarities and differences in the studied countries.

FACTORS AFFECTING THE SUPPLY OF AFFORDABLE RESIDENTIAL HOUSING UNITS IN KENYAN URBAN AREAS: A CASE OF NAIROBI CITY AND ITS ENVIRONS

Purpose: The study focused on the factors affecting the supply of affordable residential housing units in Kenyan urban areas in the case of Nairobi city and its environs.Methodology: A descriptive survey research design was used. The target population comprised of all the real estate agents, valuers and property managers with headquarters in Nairobi totaling 90. A sample of 40% or 36 firms was taken and a random stratified sampling technique was used to select the sample units. The study used primary data collected through using questionnaires as well as secondary data as a source of literature review. The data collected was analyzed by use of descriptive statistics. In particular, frequency tables and proportions or percentages were used. In addition factor analysis was used to supplement the descriptive statistics.Results: Findings from factor analysis indicated that the factors affecting the supply of affordable residential housing in Nairobi could be reduced to a three factor model. Findings from the study indicated that upon calculation of the rotated factor loadings, the Eigen Values of the three factors were still greater than 1 and the three factors still explained 75.51% of the total variance. The Unrotated factor loadings gave a clear picture of the importance of the variables to the factors. It seemed from the study that Factor1 was mostly defined by ‘legal’ variable, factor2 by ‘cost’ variable, and factor3 by ‘financial’, ‘socioeconomic’ and ‘infrastructural’ variables.Unique contribution to theory, practice and policy: The study recommended that to address cost related constraints to the supply of affordable housing in Nairobi, the architectural community should engage in research on cheap building products. The government through the central government and through the newly created counties should make infrastructural investment a priority. The legal framework relating to housing needed to be overhauled by the introduction of a new act on housing. It was the responsibility of the government in collaboration with the private sector to ensure that the high level of unemployment was addressed, that the inflation rate was lowered to an acceptable level and that the economic growth was enhanced. It was important to increase the access of mortgages and housing finance products to both the banked and the unbanked. The factors affecting the demand of affordable residential housing in Nairobi and other urban areas would form an area of further study. In addition, the determinants of the prices of residential and non-residential houses in Nairobi would form an interesting study.

The significance of ‘Those who handle the affairs ofothers’ in breach of trust - Focus on double trade and double transfer of real estate or movable property -

The significance of ‘Those who handle the affairs ofothers’ in breach of trust - Focus on double trade and double transfer of real estate or movable property -

The significance of ‘Those who handle the affairs ofothers’ in breach of trust - Focus on double trade and double transfer of real estate or movable property -

The significance of ‘Those who handle the affairs ofothers’ in breach of trust - Focus on double trade and double transfer of real estate or movable property -

A study of the breach of trust in double dealing of real estate and movable property as seen from the civil and criminal law aspect

A study of the breach of trust in double dealing of real estate and movable property as seen from the civil and criminal law aspect

Explaining the Soaring Ethiopian Real Estate and Property Prices

Admittedly, in all countries of the world, Ethiopia included, the reasons behind rising property prices could be many. In the Ethiopian case, these factors include, among others, demand for and supply of real (estate) assets, rising population and urbanization, the existence of a large number of tenants working for donor communities (NGOs) and multinational institutions, huge influx of money that the diaspora community sends back home (remittances) that largely is poured onto the housing and real estate markets. This article, however, focuses on government policy-driven (infrastructure and service sector-focused) and the corruption fueled aspect of the fast-rising real estate and related property prices. This brief analysis paints the picture why Ethiopia is still an empire-like landed aristocracy (the government apparatchik being replaced by a new oligarchy) but dangerously wrapped with criminality and pyramidal schemes.

Sellers' Heterogeneity in Housing Market: Difference in Pricing Strategies

The present study analyzes Perm, Russia residential housing market supply focusing on sellers' heterogeneity. Many indicators of heterogeneity were considered in the previous research, and all of them were proved to have a great impact on housing prices and time on the market. However, the gap exists in evaluating sellers’ pricing strategies in dynamics mostly because of unavailable data. Current study clears out the effect of time on price using data on asking price dynamics. We employ semiparametric sample selection estimation procedure which accounts for the unobserved property characteristics and non-random selection of objects out of the sample. We consider two main types of sellers: real estate agents and property owners, and show that real estate agents appear to be more impatient compared to property owners. Specifically, they set a lower asking price initially and are more likely to revise it over time if the object is not sold.

Foreign investments in real estate, economic growth and property prices: evidence from OECD countries

The last two decades have witnessed a growth in foreign direct investments (FDI) in the real estate sector in most of the Organization for Economic Co-Operation and Development (OECD) countries. It is argued that FDI in the real estate sector may improve economic growth in recipient economies. On the other hand, property prices have increased considerably in OECD countries in recent years and some argue that FDI in real estate is one of the driving forces of high property prices in these countries. The purpose of this study is to analyze the interrelationship between FDI in the real estate sector, economic growth, and property prices while controlling for interest rate and inflation. We use observations from a set of OECD countries for the period between 1995 and 2008. The dynamic interrelationship is analyzed by applying a panel cointegration technique. Our empirical results show that FDI in real estate do not cause property price appreciations and also do not contribute to economic growth in OECD countries in the short run and the long run.

Environmental Insurance: A Risk Management Tool for Real Estate

Traditional risk management tools including contract allocation and reliance upon statutory defenses or government releases can be incomplete, contentious, and costly solutions to address risks associated with environmental liability and cleanup obligations in real estate transfer and property ownership. Such traditional methods leave environmental risk for the interested parties in the real estate transaction to bear over time and bring added new risks to the parties. Environmental insurance transfers all or part of the risk to a third-party insurance company (insurer) that is not a participating party in the transaction, thereby taking insurable environmental risk out of the transaction. Further, environmental insurance can add positive value to the transaction by bringing necessary risk identification and validation, and loss minimization and claims handling expertise to the transaction by virtue of the underwriting and claims management process, and add the financial strength and expertise of a qualified insurer. Insurance is often perceived by lenders, investors, developers, contractors, tenants, and future purchasers as a positive assurance against environmental risk associated with the property, allowing business relationships and financing to proceed more smoothly. In this way, environmental insurance serves as a more comprehensive and complete risk management tool for the real estate transaction and property ownership.

The Arlington Cemetery Case: A Court and a Nation Divided

The Arlington Cemetery Case: A Court and a Nation Divided ANTHONY J. GAUGHAN Seventeen years after the Confederate general Robert E. Lee surrendered at Appomattox, his eldest son won a sweeping victory over the federal government in the United States Supreme Court. On December 4, 1882, the Supreme Court upheld a federal trial court’s ruling that the United States government’s claim of title to Arlington National Cemetery rested on an invalid tax sale. The Justices thus affirmed the lower court’s verdict that George Washington Custis Lee (“Custis Lee”), eldest son of Mary and Robert E. Lee, held legal title to Arlington. The Supreme Court also upheld the lower court’s decision to permit Custis Lee to bring suit against the government officers who occupied Arlington. On the latter point, the Justices split 5 to 4, with a majority ruling for Custis Lee. The outcome of United States v. Lee, commonly known as the Arlington case, made it clear that the Lee family, and not the United States government, owned Arlington. The Arlington case arose from a fascinat­ ing historical background. Prior to the Civil War, Arlington was a slave plantation owned by Mary Lee, the wife ofRobert E. Lee and the great-granddaughter of Martha Washington. The Lee family home—known as Arlington House—stood atop a sprawling, 1100-acre hillside estate along the Virginia side of the Potomac River. Arlington’s location provided its residents with a spectacular view ofthe na­ tion’s capital. But the qualities that made the Lee estate so attractive also posed a threat to the City ofWashington. ArlingtonHouse stood just over two miles from the White House and three and a half miles from the Capitol building; the estate property near the Potomac was even closer. If the Confederates had oc­ cupied Arlington, they could have rained ar­ tillery shells on the White House and other government buildings. Federal control of Ar­ lington was thus essential to the security ofthe nation’s capital.1 As the Civil War began, the Lee family home at Arlington stood in the line of fire between North and South. For three decades before the war, Robert E. Lee served as a ca­ reer United States army officer. But after the Confederate attack on Fort Sumter in April 2 JOURNAL OF SUPREME COURT HISTORY Mary Lee, the wife of Robert E. Lee and the great-granddaughter of Martha Washington, inherited Arlington House, a slave plantation that stood atop a sprawling, 1,100-acre hillside estate along the Virginia side of the Potomac River. Robert E. Lee’s bedroom is pictured above. 1861, Lee resigned from the U.S. Army and accepted a commission as a general officer in the Confederate Army. Lee’s decision to side with his home state of Virginia and the Confederacy sealed Arlington’s fate. On the night of May 24, 1861, 10,000 Union soldiers commanded by General Charles W. Sandford crossed the Potomac River from Washington D.C. and occupied the Lee estate at Arlington. When the Union troops arrived at Arlington House, they discovered that the Lees had al­ ready departed to Richmond. Only the family’s servants remained behind to be awakened by the soldiers.2 There was no question that the army had a legal right to seize the Arlington estate. The courts have long recognized that the President and the military have the authority to seize private property during wartime emergencies. In the 1851 case of Mitchell v. Harmony, the Supreme Court held, “There are, with­ out doubt, occasions in which private prop­ erty may lawfully be taken possession of or destroyed to prevent it from falling into the hands of the public enemy.”3 At the same time, however, the Court also emphasized that the Takings Clause of the Fifth Amendment remained in effect during wartime. However, as the Justices noted in their ruling in Mitchell, “Unquestionably, in such cases, the government is bound to make full compensation to the owner” of property seized by the military.4 Nevertheless, for more than twenty years after Arlington’s seizure, Congress refused to pay compensation to Mary Lee, Arlington’s legal owner, or her son and heir...