Immovable Property Research Articles

Legal Problems Of Building On Waqf Land Belonging To Other People Based On Law Number 41 Of 2004 Concerning Waqf (Case Study Of Decision Number 21/PDT.G/2021/PN/BNA)

Legal Problems of Erecting Buildings on Waqf Land Owned by Others Based on Law Number 41 of 2004 concerning Waqf (Case Study of Decision Number 21/Pdt.G/2021/PN/BNA) Waqf land is a form of giving movable or immovable property for the benefit of worship and general welfare by Muslims. And the purpose of waqf procurement should not be changed in any form to deny the pledge of the waqf deed itself. The normative research method is used in this study to study the social and moral values of the community about changes in the function of waqf land without permission from the waqf and the Indonesian waqf body. This research uses several data collection results from a collection of legislation, Government Regulations, books, doctrines, documents and various other secondary legal sources. The results of the study stated that: 1) in this case, the erection of buildings that should not be allowed was only decided to dismantle the fence because it had cost a considerable amount. 2) in the legal considerations of the judge in the decision of case Number 21/Pdt.G/2021/PN/Bna, it is not appropriate because it tends to lean towards the elements of justice and legal certainty so that the element of usefulness is ignored and denies the fulfillment of obligations contained in article 5 of Law Number 48 of 2009 concerning the power of judges

Legal support of cadastral value of agricultural land: problems and solutions

Land is a unique and irreplaceable natural resource. Therefore, it is always in the center of interests of the state. Purpose - methods of normative-legal regulation of pricing in the land legislation of Kazakhstan are investigated, factors determining the mechanism and cost of the right to use agricultural land are systematized, new approaches to their assessment are shown. Methods - monographic was used in the study of the current state of the land fund, detection of shortcomings, ranking of world experience in establishing the cadastral value of land, statistical-economic and analytical - to obtain the necessary information, abstract-logical, on the basis of which proposals and recommendations were developed. Results - the measures to control the estimated value of agricultural land have been substantiated. Potential threats leading to the loss of land use rights were identified. Conclusions - prices for land plots in the republic started to be formed since 2003, after the transition to private ownership. A number of legislative documents were adopted to involve them in the market turnover. The Land Code is assigned to immovable property and is under state registration. Initially, the payment for agricultural land was formed on the primary market, the state regulated the rates. For 21 years, the prime rates for land have not changed. During cadastral valuation it is necessary to recalculate the prime rate and take into account socio-economic, riscoecological, climatic conditions. This, in turn, requires improvement of agricultural land rates, assessment indices. Since the Republic of Kazakhstan has switched to a digital format of keeping the land cadastre, it is necessary to compile a map of prices of land plots cost in the context of regions and conduct their continuous monitoring.

Validity and Legal Implications of Oral Transfer

This article provides a comprehensive analysis of the validity and legal implications of oral transfers under Section 9 of the Transfer of Property Act, 1882. It allows property transfers to be made orally, provided that the law does not expressly require a written instrument. The article explores the scope of this provision, focusing on movable property and certain types of immovable property, including transactions valued below Rs. 100 and transfers of future interests. It also delves into the practical challenges of oral transfers, particularly regarding evidentiary issues, the applicability of the Registration Act, 1908, and the Indian Evidence Act, of 1872 . Judicial interpretations and case law offer insight into the enforceability of oral transfers, emphasizing the significance of possession in validating such transactions. Despite the legal validity of oral transfers, the article highlights the risks of uncertainty, fraud, and difficulties in proving ownership, making oral transfers less common in modern property transactions.

The features of the story of property of Jews from Kaunas county parishes during Nazi occupation in Lithuania (1941–1944): confiscation and ownership of the immovable property

The features of the story of property of Jews from Kaunas county parishes during Nazi occupation in Lithuania (1941–1944): confiscation and ownership of the immovable property

The administrative procedure for granting permission by the body of guardianship and guardianship for the execution of transactions with respect to immovable property, the right of ownership of which or the right of use of which the child has

Ensuring the proper administrative procedure and transparency in the activities of the guardianship and guardianship authority regarding the granting of permission to commit acts where the child has the right of ownership and use is one of the main directions of observing the property rights and interests of children in a democratic society and should be guaranteed and protected by the state. In connection with the armed aggression of the Russian Federation and in the conditions of military actions against Ukraine, an acute problem arises of the proper protection of the rights and interests of children in relation to the property in which the child has the right of ownership and use, and the proper control of the body of guardianship and care over their execution and compliance by all authorities and local self-government of the procedure for adopting and granting the appropriate permission for the implementation of the provisions of normative legal acts in compliance with the provisions of the new Law of Ukraine “On Administrative Procedure”. In connection with the adoption of the Law of Ukraine “On Administrative Procedure”, which introduces the institution of interested persons, i.e. another person whose right, freedom or legitimate interest is negatively affected or may be affected by an administrative act (Article 27 of the Law), the issue of obtaining consent arises not only parents and legal representatives of the child to obtain the appropriate permission of the body of guardianship and guardianship regarding the execution of transactions with the property owned and/or used by the child, as well as other co-owners of the given property, whose rights and interests may be violated when the relevant administrative act is adopted. In addition, conflicting issues that are not regulated in the current legislation of Ukraine regarding the refusal and/or suspension of the consideration of an administrative case when the guardianship authority grants permission to commit transactions with property owned and/or used by a child are considered. The article examines the advantages and disadvantages of these norms and the conflicting gaps that exist in the administrative procedure for obtaining the permission of the body of guardianship and care for the execution of transactions regarding real property, the ownership of which or the right to use which the child has.

Foreign experience of providing public services by notaries in the field of state registration of property rights to immovable property

The scientific article is dedicated to highlighting the foreign experience of providing public services by notaries in the field of state registration of real property rights in the following countries: Bulgaria, Belarus, Russia, Poland, Czech Republic, Switzerland, Italy, Spain, Germany, France, USA, Australia, etc. As a result of the study of world experience, it was concluded that in order to effectively protect the rights to real estate of both private owners and the state, it is necessary to create a single registration system that will guarantee the reliability and transparency of the civil turnover of real estate. Ways of implementing foreign experience have been determined in order to improve the activities of the subjects of the public administration of Ukraine regarding the provision of public services by notaries in the field of state registration of property rights to immovable property. Attention is drawn to the fact that the Anglo-American system of registration of deeds regarding real estate objects consists in making an entry in the register at the free choice of the participants of the deed. It would be more appropriate to call this system a document accounting system, since registration is a technical operation. According to Anglo-American rules, the owner is the last bona fide purchaser of real estate. The transfer of ownership occurs as a result of the conclusion of the deed and possession of the object by the transferee. In the USA, the buyer must restore the entire chain of previous documents for the purchase of real estate. The deed can be declared invalid if the persons included or not included in the chain of transactions can assert rights to the real estate object. The lack of legal means is compensated by lawyers and insurance companies that specialize in checking the seller’s rights. Currently, the property loss insurance system is actively developing in the United States of America.

International experience of legal ensuring the management of Land Cadastres in Ukraine

The article describes the foreign experience of land cadastre management, which is a necessary element for the formation and improvement of the national cadastral accounting system, therefore it is useful for every country to use foreign experience. It has been established that in order to ensure the sustainable development of land relations in Ukraine, it is necessary to improve the current land cadastral system, but in the same way that foreign countries used, being at the same stage of development as Ukraine is now. It is well-founded that the state cadastre system plays an important role in the economy, law and management of the world’s leading countries, so their experience is important, especially since Ukraine does not have sufficient such experience. Moreover, the existing experience is even harmful, because it is built on the Soviet cost model of economic and regulatory assessment of land and technical inventory of buildings. It has been proven that until now, society does not understand the importance of cadastral registration of real estate in accordance with world traditions. The consequences of the state monopoly on land, buildings and structures of Ukraine’s Soviet past are traced in the exclusion of the term «real estate» from official use for many years. Until 1962, there was no cadastre, while the land cadastre of Great Britain has been operating since the middle of the 11th century, Sweden since the 16th century, and Prussia since the 18th century. The land cadastre in most countries of Western Europe serves as the basis for building and maintaining various types of cadastre and is based on land plots. Information systems have a significant effect in this. In most countries, objects of immovable property are firmly connected with the land. In order to solve the question, one should carefully study the original interpretation of the «single object of real estate», which is used in Spain and Great Britain. Apparently, in accordance with the principle of «a single real estate object», sooner or later Ukraine will also come to some certainty. Based on the analysis of world experience in this field, it was established that the registration of land rights occupies one of the main places in the compilation and maintenance of the state land cadastre. However, the domestic land registration system is not perfect and requires the development of adaptation measures to the conditions of the European Union (EU). Based on the legal analysis, it was concluded that the development of the national cadastre is practically in its initial state, which is why the experience of other countries is so important to us.

Beyond the hype: Digital transformations in global land, housing, and property

This theme issue investigates how 21st-century digital innovations are changing the nature and value of land, housing, and property. Contributors bring together an array of cases to understand how digitization is remaking land and housing on a global scale and, in turn, how existing property relations structure digital transformations in particular geographies. In this introduction to the theme issue, we outline how hype can be used as an analytical entry point to characterize the collection’s contribution, demonstrating how hype elides unequal relations of land and labor while stoking speculation in immovable property, even as it creates new markets for less tangible assets—whether rental data or virtual plots—that usher in new global connections and familiar market dynamics.

Prohibition on Confiscation of State-Owned Immovable Property Against Decisions of the State Administrative Court That Have Already Become Final

Prohibition on Confiscation of State-Owned Immovable Property Against Decisions of the State Administrative Court That Have Already Become Final

Culture of Vineyard Roofs as Expression of Rural Architectural in Turkey: Nevsehir Goreme Examples

Folk architecture actions that define only need-oriented structures built by the society using local materials and local masters; Even though they were built without any concern for sustainability, they been contained important cultural assets in terms of reflecting the social and economic situation of the people. Immovable properties that serve different functions such as vineyard houses, wineries and agricultural warehouses built in the Central Anatolia geography of Turkey, which has fertile lands, have cultural value in the context of expressing the identity of the region in which they are located. In this study, vineyard roofs registered as immovable cultural assets by the Ministry of Culture and Tourism; it was examined in terms of material, technical and stylistic features. These structures, unique to Central Anatolian folk architecture, have been tried to be evaluated in an integrated manner with their architectural features and the conditions of the period in which they were built. The fact that vineyard roofs, which do not have any structural and functional similarities with vineyard houses, have not been the subject of a scientific publication before, was seen as a deficiency in the literature; these structures were cataloged by creating a typology based on the structures identified in Göreme Town and were subject to scientific study. Each of the vineyard roofs included in the study have been examined on site, photographed and measured. Since the vineyard roofs, which were examined with material, technique and decoration details, were seen to follow a certain line on the old vineyard road in Göreme Town; a sample that is significantly located along the route but remains within the borders of Uçhisar District today was also included in the study.

Investment Arbitration: A Model for Resolving Property Law Disputes on the Example of Bosnia and Herzegovina and the Republic of Croatia?

Property disputes between Bosnia and Herzegovina and the Republic of Croatia are a reality that burdens the entirety of international diplomatic relations between two neighboring countries of the same subregion. After the dissolution of the Socialist Federal Republic of Yugoslavia (SFRY), numerous issues arose, of which property rights are among the most important. The republics of the former SFRY, as well as natural and legal persons, had their property in the entire territory of Yugoslavia, so it was necessary to adequately protect the existing rights. In this regard, in 2001, the Successor States of the SFRY concluded the Agreement on Succession, in which they agreed on movable and immovable property through seven Annexes. Bosnia and Herzegovina (BiH) started from the view that the comprehensive implementation of the Succession Agreement is the basis of permanent, stable, and friendly relations between the Contracting States and took all that was necessary to return the property claimed by the Successor States. However, the Republic of Croatia did not return the property in the way that Bosnia and Herzegovina did, and the first country started to violate the aforementioned multilateral international agreement. Given that the Agreement on Succession does not offer adequate solutions for the peaceful settlement of international disputes between the Contracting Parties, the paper analyzes the possibility of settlement of said disputes based on investment arbitration, which as a model for the settlement of international disputes is not an instrument used by individuals and legal entities from BiH into a sufficient extent. Equally, in this light, we explore the legal possibilities of the concluded Agreement on the Promotion and Protection of Investments between Bosnia and Herzegovina and the Republic of Croatia (bilateral investment treaty) and present the future of investment arbitration from the perspective of the European Union.

(IN)EQUALITY IN PROPERTY OWNERSHIP: THE RHETORIC OF HOMELESSNESS

Given South Africa’s shameful apartheid past, equality before the law should seep through every stratum of its society. Arguably, equality should be more of a consideration in areas where apartheid caused significant damage, such as in property relations. Yet, this is far from being the case. In this article, the authors contend that legal protection of certain categories of property is based on who the property owners are and on the value of the asset. This argument is based on a case study of the legal protection afforded to homeless people’s ownership of property.Property relations in capitalist “post”-apartheid South Africa operate and exist within a hierarchy of property interests, resulting in more protection being afforded to certain forms of property interests and less (and sometimes no) protection given to other forms of property interests. Thus, certain forms of property (“formal property”), such as immovable property, enjoy more protection than “informal property”, such as the makeshift homes of homeless people. This dichotomy is most evident in South Africa in light of the housing crisis. While the State focuses on preserving the free market, safeguarding rights over formal property, and minimising the existence of “nuisance” in urban areas, homeless people remain the most destitute people in the country. Hence, it is contended that property law does not protect homeless people and their belongings as informal property owners.Two chief arguments are made in this regard. First, it is asserted that there is an ordering of property rights protection in a capitalist society and a correlating hierarchy of property interests. Although informal property is property deserving of legal protection, it is generally deprived of such protection because it is perceived as less valuable. This article focuses primarily on homeless people’s belongings (informal property), which, it is emphasised constitutes “property” as envisaged under section 25(1) of the Constitution, and extends to the materials that shelter homeless people. Thus, law enforcement agencies’ appropriation of homeless people’s belongings constitutes an arbitrary deprivation of property. The authors posit that the tendency to prioritise “formal” property over “informal” property is arbitrary and unconstitutional.A second contention is that this difference in treatment of, and protection afforded to, informal property constitutes discrimination on the ground of poverty, which falls foul of the equality clause under section 9(3) of the Constitution, and of the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA). The argument is made that the difference in treatment between legal protection afforded to certain property owners as opposed to others constitutes indirect unfair discrimination.

Linked Data Generation Methodology and the Geospatial Cross-Sectional Buildings Energy Benchmarking Use Case

Cross-sectional energy benchmarking in the building domain has become crucial for policymakers, energy managers and property owners as they can compare an immovable property performance against its closest peers. For this, Key Performance Indicators (KPIs) are formulated, often relying on multiple and heterogeneous data sources which, combined, can be used to set benchmarks following normalization criteria. Geographically delimited parameters are important among these criteria because they enclose entities sharing key common characteristics the geometrical boundaries represent. Linking georeferenced heterogeneous data is not trivial, for it requires geographical aggregation, which is often taken for granted or hidden within a pre-processing activity in most energy benchmarking studies. In this article, a novel approach for Linked Data (LD) generation is presented as a methodological solution for data integration together with its application in the energy benchmarking use case. The methodology consists of eight phases that follow the best principles and recommend standards including the well-known GeoSPARQL Open Geospatial Consortium (OGC) for leveraging the geographical aggregation. Its feasibility is demonstrated by the integrated exploitation of INSPIRE-formatted cadastral data and the Buildings Performance Certifications (BPCs) available for the Catalonia region in Spain. The outcomes of this research support the adoption of the proposed methodology and provide the means for generating cross-sectional building energy benchmarking histograms from any-scale geographical aggregations on the fly.

Criminality With Real Estate in Kosovo

Criminality with real estates can be expressed in different forms, such as through: "money laundering", corruption, fraud, usurpation of immovable properties, falsification of ownership documentation, which is of particular importance in the field of immovable property turnover, etc. In Kosovo, the "dark number" and the "gray number" are present at a high level of organized crime in the field of real estate turnover and despite the preventive and repressive measures that have been undertaken in Kosovo, focusing on strengthening the institutions of justice system (prosecutor, police, judiciary, financial intelligence services, etc.), in order to prevent and fight this type of criminality, the success achieved in this aspect is still insufficient. For this reason, public confidence is weak regarding the results achieved in the fight against organized crime in the field of real estate turnover in Kosovo.

ANALYZING THE SOCIO-LEGAL DYNAMICS AND IMPACT ASSESSMENT OF LAND ACQUISITION IN BANGLADESH: A COMPARATIVE PERSPECTIVE WITH INDIAN LAWS AND GLOBAL BEST PRACTICES

Land acquisition has continued to be a major concern in Bangladesh, a densely populated country, because of the nation’s limited land resources and the value of land to people’s livelihoods. There is a great deal of hardship and discontent as a result of inadequate land acquisition and rehabilitation policies, which have left the displaced with insufficient compensation and rehabilitation. This article compares and contrasts the land acquisition laws of India and Bangladesh, taking a critical look at both countries’ current legal frameworks. Although recent legislation has been introduced in both countries, Bangladesh’s framework is insufficient to protect the rights and interests of affected landowners. The Acquisition and Requisition of Immovable Property Act 2017 of Bangladesh has also fallen short of international standards on the acquisition process. In order to support sustainable growth and protect landowners’ rights, this article argues for the creation of a transparent legal framework and prudent policies. Based on global experiences and best practices, the paper offers a series of suggestions to improve the process of acquisition and guarantee equitable treatment for all impacted parties. Recognising the critical role of land acquisition in Bangladesh’s development trajectory and its profound impact on the livelihoods of millions, this article underscores the urgency of reforming the existing land acquisition law. This analysis contributes to the ongoing discourse on land acquisition in Bangladesh with the objective to establish a more equitable balance between public interests and the rights of landowners, ultimately benefiting society as a whole.

Enforceability of agreements to mediate and mediated settlement agreements in Albania

The article aims to examine the provision of the Albanian Mediation Law that provides mediation as a condition for the admissibility of the lawsuit in court when the parties have provided for it in the contract as a preliminary condition before addressing the court. This legal provision is addressed considering the right of access to court and aims to discuss how these agreements to mediate are enforced. In addition, since enforcement of mediated settlement agreements is also a guarantee for the effectiveness and success of mediation, this article also focuses on the analysis of the legal framework and the problems related to their enforcement, which differ depending on how the parties have resorted to mediation (voluntarily, due to the contract, or by referral from the court), and on the type of disputes, where mainly problems arise with conflicts of ownership over immovable property. Besides the analysis of the Albanian Mediation Law, following a comparative approach, the article also addresses the mediation laws of some foreign countries.

The Use of Rate Study in Real Estate Market Analysis within the Mass Appraisal System in the Republic of Moldova

This article investigates issues related to determining real estate market indicators in the framework of mass appraisal of immovable property in the Republic of Moldova, according to the recent methodological framework issued by the authorities, set to be implemented in practice. Simultaneously, this study proposes an applied methodology for real estate market analysis, aiming to identify specific indicators necessary for an adequate and equitable assessment of the real estate market at both regional and national levels. The article systematically synthesizes the limitations associated with using arithmetic mean to calculate market prices per unit as market indicators, and highlights the advantages of rate study as an alternative for monitoring and analysing the real estate market. The effectiveness of the proposed methodology is demonstrated through a case study, arguing for its necessity in practice.

Is the Path to Citizenship through Property Investment Possible in Russia?

Introduction. Real estate has undoubted investment advantages. Moreover, in a number of countries it is a bridge for simplified obtaining a residence permit or even citizenship. In Russia, the legal regime of immovable property undoubtedly has a number of advantages. The very possibility to have property on the right of private ownership (including land plots) gives owners confidence in the possession and use of real estate. The legislation on real estate is characterized by stability and is less susceptible to change. Low rates of property tax calculated on the cadastral value of the property facilitate the acquisition of real estate. The variety of real estate objects allows citizens and legal entities to own residential and non-residential premises and parking places. With the development of digitalization of state administration, the registration of rights to immovable property has become as simple and accessible as possible, allowing owners to protect their property from fraudulent schemes. Property prices in Russia are steadily rising, which also stimulates investment in this sector. Whether investments in real estate contribute to obtaining citizenship of the Russian Federation in an accelerated (preferential, facilitated, etc.) manner will be shown in this article. Materials and methods. This study is based on: 1) the totality of such methods of scientific cognition as: the dialectical method, which allowed to connect the theory of civil and land law and the practice of the Constitutional Court of the Russian Federation; the formal-legal method allowed to analyse legislative norms; the system method allowed to consider the institute of national treatment of foreign citizens in Russia as a system with internal unity and interrelations with other institutions of law (the institute of citizenship, the institute of property rights, etc.); 2) the results of the author's survey of the moderators of My Hectar Programme regarding the demand of foreign citizens for land plots sold under the Programme; 3) analysis of the Decisions of the Constitutional Court of the Russian Federation. Research results. The study found that in Russia, at the constitutional level, foreign citizens are granted national treatment, exceptions to which are provided for by federal laws. Restrictions on the rights of foreigners are stipulated by a number of federal laws. For example, civil legislation has traditionally prohibited ownership of certain categories of land plots. As a response to western sanctions, in March 2022 a special permissive procedure was introduced for citizens of unfriendly countries to acquire ownership of real estate. The legislation on citizenship of the Russian Federation does not provide for any privileges for foreigners to obtain citizenship through investments in the country's economy in general, in real estate and business in particular.Discussion and сonclusion. The Russian Federation policy regarding the rights of foreign citizens to immovable property should continue to be aimed at maximum protection of the interests of national security and sovereignty of the country, and priority opportunities for Russians to acquire real estate. Certainly, the state should stimulate foreign investment. However, in the conditions of aggravation of international relations and threats to Russia's national security, it would be advisable to introduce a permissive procedure for the acquisition of real estate for all foreign citizens, taking into account the foreigner's occupation and the purpose of acquiring real estate, sources of his income, possible links with organizations banned in Russia.

Правовая характеристика и новые аспекты перехода к налогообложению недвижимого имущества организаций по кадастровой стоимости в рамках налога на имущество организаций. Часть 2

The author of the article continues to analyze the problems of legal regulation of Corporate Property Tax related to the transition to taxation of the immovable property of corporations by cadastral value within the framework of this tax, and also examines the circumstances that can complicate the implementation of such a transition.

How to Transfer Ownership of Real Estate to Individuals by Settlement, Or by Registration

Real estate is characterized as stable money that is suitable for production and exploitation over time, this study Looking for an answer to the following question: How to transfer the ownership of real estate to individuals through settlement, or registration? The study found that The real estate owned by the state is of three types: the first is real estate designated for public benefit, and the second is real estate owned by the state, private ownership, i.e. registered in the name of the treasury or one of its institutions, and real estate owned by the state by definition, that is, unregistered real estate.and The transfer of ownership of state-owned real estate to individuals, includes registered and unregistered lands, where individuals can register state lands in their own name, provided permission from the state, through the acts of the provisions of the real estate ownership law, whether by settlement or registration. and If the ownership is transferred to individuals, according to the settlement of land and water, or the registration of immovable property that has not previously been registered, then the title deed is considered an official document, and its contents cannot be challenged by any means of appeal, not even by fraud or forgery. After that, the title deed has the right to challenge it, for any defect in the elements of the contract or a succession in the implementation of the contract, before the regular courts, to demand the invalidity or rescission of the act.