Real Estate Ownership Research Articles

О некоторых проблемах правового регулирования товариществ собственников недвижимости в Российской Федерации

The article examines the problems arising in practice related to the legal regulation of real estate owners’ partnerships, and suggests measures aimed at eliminating some of the existing problems and contradictions.

The Main Problems of the Real Estate Market Functioning in the Republic of Korea

The article examines the problems of the functioning of the real estate market of this country on the basis of official data of the Statistical Bureau, the Civil and Housing Codes of the Republic of Korea. The paper considers the features of state regulation of ownership of real estate. The calculation of the level of urbanization and the coefficient of specialization according to the level of development of the real estate market of the regions of the Republic of Korea is carried out. The indicators characterizing the availability of real estate are presented, as well as the rating of regions by the level of development of the real estate market. The main problems include: the high cost of real estate, the low percentage of the population owning real estate, large regional differences in the level of development of the real estate market, identified regions where the purchase or rental of real estate is disproportionate to the income received. The article includes author’s maps illustrating the results of the study.

Foreclosure on a Share in the Ownership of Real Estate if the Creditor and Co-Owner Coincide in one Person

This study is devoted to the specifics of foreclosure on a share in the ownership of real estate in situations where the creditor is simultaneously a co-owner of a share in the right to this property, and accordingly has a preferential right to purchase the debtor's share. Some issues still remain unresolved at the legislative level, which causes difficulties in considering cases of this category. In judicial practice, there is no unified approach to the methodology for determining the market value of the share in the ownership right to which foreclosure is taking place. It is unclear how the plaintiff's demands for foreclosure on the debtor's share should sound with recognition of ownership of the share for the recoverer in terms of payment of funds by the plaintiff to the defendant. The authors propose to change the procedure for foreclosing on a share in the ownership of a real estate object if the co-owner and the recoverer coincide in one person: foreclosure will be carried out through bidding, after determining the winner, co-owners will be offered to purchase a share at a price determined as a result of bidding. This procedure will allow you to determine the actual market value of the share for which foreclosure is taking place, while respecting the pre-emptive right of purchase.

Who Owns America? A Methodology for Identifying Landlords’ Ownership Scale and the Implications for Targeted Code Enforcement

Problem, research strategy, and findings Scholars and practitioners are increasingly interested in understanding who owns real estate in communities and resultant implications for targeted planning approaches. Yet, practitioners lack an efficient and comprehensive methodology to assess landlords’ ownership scale, namely, how many properties they own in each geographic area. The existence of variegated ownership, multiple legal entities, siloed databases within government bureaucracies, and inconsistencies in spelling and documentation across data entries make it time-consuming and costly to determine the extent of real estate ownership by the same landlords. To address these challenges, we have created a data-driven natural language processing solution. Using OpenRefine, an open-source software, we present a step-by-step, practice-oriented methodology for amassing data, cleaning textual inconsistencies, and clustering properties to uncover the truer ownership scale in local housing markets. Applied to a large U.S. urban county—Fulton, home to Atlanta (GA)—our proposed methodology demonstrated its superior efficiency, comprehensiveness, and accuracy compared with traditional approaches. Using code enforcement as a study frame, we then empirically examined a linkage between landlords’ ownership scale and their code violation patterns. With the proposed methodology in place, the analysis consistently showed that the ownership scale was related to both the likelihood and number of code violations. In contrast, the analysis missed this critical linkage without applying the methodology. Our methodology can yield practical implications regarding targeted code enforcement. Takeaway for practice Our methodology can serve as a useful toolbox for both practitioners and fellow researchers to unravel real estate ownership and its concentrations in housing markets. Using the methodology presented here, they can uncover all types and scales of landlords and monitor their code violation frequencies for targeted outreach and resource allocation in enforcement

점유취득시효가 완성된 부동산을 제3자에게 처분한 경우 점유취득시효 완성자와 원소유자의 법률관계

According to the Supreme Court of Korea, the owner who disposed of the real estate whose period of real estate ownership through possession has been completed is not liable for default to the occupant. However, claim for the Substitute is recognized. However, this is only the case when the occupant requests the transfer of ownership registration or claims that the prescription for acquisition of possession has been completed. If the owner knew or could have known such a fact and disposed of it, liability for tort is recognized.
 In this article, these Supreme Court precedents and theories about them were reviewed. The conclusion is as follows:
 A person who has completed the prescription for acquisition of possession does not have the right to claim ownership transfer registration as a creditor. The owner must only cooperate with the person who has completed the prescription for possession acquisition to acquire ownership through registration. Therefore, the owner has no liability to the occupant. If the owner disposes of the real estate, the legal relationship ends. It does not convert into damages for failure or claim for the Substitute.
 However, If the owner disposes of the real estate to prevent the occupant from registering and taking ownership, liability for tort is established.

Виды управления общим имуществом (правовые аспекты)

This article examines the legal aspects of existing types of common property management. The legal structures of common property management and their characteristics are analyzed. Criteria for managing common property are identified: by subject composition (owners, real estate owners' associations, cooperatives, management organizations and others); relation to common property (owners and third parties); objects of common property (real and movable things), etc. In conclusion, approaches are proposed, the use of which can serve the development of judicial practice.

Extreme Weather Hazards and Insurance Revenues Based on Bi-directional LSTM

As extreme weather becomes more prevalent, it has serious implications for the insurance industry, real estate owners, and historic buildings. First of all, for the extreme weather, we summarize extreme weather into three parts: extreme temperature, extreme precipitation, and extreme humidity, and we process the data by combining the actual situation and applying the improved Critic method, and we demonstrate the data processing by taking the three data of Lhasa and Luxor as examples. anomalies. Subsequently, a future extreme climate prediction model for a region based on the Bi-directional LSTM method is developed. A time-weather model was fitted based on the collected data, with the highest and lowest points as the anomalies. At the same time, we simplify the formula to derive the insurance company's revenue, thus modeling the relationship between the degree of extreme weather hazard and insurance revenue, and derive that the insurance company will not be able to underwrite when the combined hazard is greater than the ratio of the insurance claim cost to the insurance payment. We applied the resulting model to Lhasa and Luxor, and plotted the combined hazard level of the actual data and the predicted data to help the insurance company visualize the combined hazard level of the region each month, and then choose whether to underwrite the policy in that region or not.

Правоприменительная практика по договору технологического присоединения к электрическим сетям

The article analyzes materials of the judicial practice on issues of technological connection to electrical grids. The reviewed examples show that: a) the judicial practice is contradictory, and judgments in certain cases are issued at violation of the principle of technological connection on a once-only basis; b) the laws on technological connection need to be updated in terms of determination of the party responsible for payment for grid operator services if the technological connection procedure started by the initial owner of a connected real estate unit is completed by a new owner. Law improvement proposals are brought forward as a result of the performed study, in particular, it is suggested to include in the Technological Connection Rules a provision to place title holders of real estate units, on the territory of which the applicant’s energy receiver is located, under an obligation to throw no obstacles in the way of a grid operator performing technological connection. It is also suggested to supplement the standard technological connection agreement with a clause imposing the obligation to pay for grid operator services on the real estate owner.

Some issues of the legal nature of real estate ownership in Ukraine

Some issues of the legal nature of real estate ownership in Ukraine

Methods of real estate ownership acquiring through joint investment institutes

Methods of real estate ownership acquiring through joint investment institutes

Current Law on Real Estate Tax in Russia and Lessons for Vietnam

This article focuses on analyzing legal provisions on real estate tax in the Russian Federation, including taxes on real estate ownership, real estate transfer... Based on that analysis, the article points out the similarities and differences between the real estate tax laws of Russia and Vietnam. Then, the author draws on some experiences to improve the law in this field in Vietnam.

Sustainability action in the real estate sector — An organizational and institutional perspective

IntroductionDecision-makers' perceptions, influenced by institutional and organizational pressures, shape sustainability action. However, the current body of research on the impact of these pressures within the real estate sector, particularly among real estate owner organizations, remains limited. Research argumentThis explorative study fills the research gap by providing empirical findings and theoretical interpretation that explains the influence and outcomes of institutional pressures on decision-making processes. Methodological approachExplorative surveys and interviews were conducted with asset managers in Sweden to understand their sustainability perceptions and actions within the real estate sector. Main findingsThe study found a notable shift in sustainability perceptions among asset managers in Sweden, with most recognizing sustainability as critical for commercial real estate, challenging the notion of their passivity and highlighting their proactive engagement. Economic incentives significantly influence sustainability actions, with top priorities being energy efficiency and renewable energy due to their positive business impact. Other sustainability actions are also important but not prioritized to the same extent, revealing specific priorities within real estate owner organizations, an area less explored in prior research. ConclusionThe article proposes a theoretical framework to guide future research on how institutional and organizational mechanisms shape decision-makers' sustainability perceptions, guiding sustainability action. Understanding these mechanisms is essential for implementing Sustainable Development Goals in practice across industries.

Can North Korea Enforce Foreign Arbitration Awards?

The enforcement of foreign arbitration awards in North Korea is highly problematic due to the unique legal and economic structures. A dearth of enforcement options for property rights, rooted in limited individual ownership, widespread distrust in local currency, and limited movable assets, leads to a focus on real estate use right for enforcement actions. The absence of private real estate ownership and a proper registration system, however, pose considerable challenges. Article 65 of North Korea’s External Economic Arbitration Law provides seven grounds for refusal to recognize and enforce foreign arbitration awards, one of which allows for broad interpretation, possibly leading to governmental interference or non-enforcement. Furthermore, this article highlights the difficulties in enforcing arbitration awards via real estate assets due to restrictions on ownership and the absence of a real estate registration system. This article also analyzes ambiguities in transferring real estate use rights to foreign creditors following arbitration awards.

WHAT TO DO WITH SNOW IN WINTER? THE EXPERIENCE OF SAINT PETERSBURG HOMEOWNERS IN THE LATE 19TH AND EARLY 20TH CENTURIES

The article examines the issues of public services in Saint Petersburg in the se cond half of the 19th century and early 20th century in winter. Special attention is paid to the practical side of snow removal and disposal by the owners of urban real estate. Legislative and clerical documents are analysed, and the application of these norms by the owners of apartment houses is also considered.

Digital real estate in the metaverse: An empirical analysis of retail investor motivations

This paper investigates retail investor motivations for digital real estate ownership in the crypto-metaverse. Utilizing a detailed financial behavior survey of metaverse landowners' intrinsic and extrinsic motivations, we apply principal components analysis to uncover four distinct motivational groups: (1) Aesthetics and Identity, (2) Social and Community, (3) Speculation and Investment, and (4) Innovation and Technology. Our findings reveal that age, education, investment knowledge, risk-taking, and impulsivity significantly influence investor group membership. This research provides valuable insights to investors and developers, underscoring the potential of a platform to attract retail investors with speculative intentions, engagement longevity, and passive or active trading characteristics, contingent on unique crypto-metaverse attributes.

Grounds and Methods of Acquiring Immovable Property Ownership in the Context of Recent Changes in Civil Legislation

The analysis of subjective civil rights doctrines allows us to conclude that there are several levels in their structure. Some theories initiate the process of acquiring the right, others finalize it. Most concepts (the concept of general and specific prerequisites for the emergence of the right, the concept of a legal fact structure, the concept of juridical composition, the concept of facts-states) are based to some extent on this division. From these positions, the author differentiates between the concepts of «emergence» and «acquisition» of a right, as well as the grounds and methods of acquiring property rights, where the basis is a prerequisite for the emergence of a right, and the method means actions aimed at acquisition. Grounds and methods cannot independently generate rights and obligations.A critical assessment of new grounds and methods of acquiring ownership of real estate from these theoretical standings made it possible to exclude the possibility of recognizing the «right of claim» enshrined in the law as a method of acquiring ownership to a land plot. Attention is drawn to the appearance of a number of categories that the law-maker fails to explain (the relevant real estate, the formation of an immovable thing, etc.), but the content of which has serious legal consequences. An attempt is made to differentiate the concepts of creation and formation of an immovable thing on the basis of the originality and derivation of the acquisition of ownership, where creation is the original method, and formation is a derivative, which entails not only the emergence of ownership of a new object, but also the termination of rights to the existing right. An assumption is made about the possibility of distinguishing the categories of creation and formation depending on its physical and legal element where creation is characterized by the appearance of an object in physical (material) embodiment, and formation means a legal separation (spinning-off0. The author argues that it is not possible to differentiate these categories without adjusting the legislation. The author justifies amendments to the Civil Code of the Russian Federation, as a result of which formation can be considered as a new derivative method of acquiring real estate ownership.

The Effect of Outlier Detection Methods in Real Estate Valuation with Machine Learning

For those who invest in real estate as an investment tool, as well as those who buy and sell real estate, the price of real estate should be predicted realistically and with the highest accuracy. It should be noted that the predict model should be the most appropriate representation of the underlying fundamentals of the market. Otherwise, the mistake to be made in the real estate valuation will cause some undesirable results such as inconsistent and unhealthy increase or decrease of the property tax, excessive gains or losses in favor of some groups, and adverse effects on investors and potential real estate owners. At this point, data-driven real estate valuation approaches are preferred more frequently to create highly accurate and unbiased estimates. However, the consistency, precision and accuracy of the models realized with machine learning approaches are directly related to the data quality. At this point, the effects of outlier detection on prediction performance in real estate valuation are investigated with a large data set obtained in this study. For this purpose, a heterogeneous data set with 70.771 real estate data and 283 variables, 4 different outlier detection methods were tested with 3 different machine learning approaches. The empirical findings reveal that the use of different outlier detection approaches increases the prediction performance in different ranges. With the best outlier detection approach, this performance increase was at a high 21,6% for Random Forest, with a 6,97% increase in average model performance.

Registry errors in location of land borders and the method of their correction

All information about the characteristics of a particular property and the rights registered to it and encumbrances of rights is contained in the Unified State Register of Real Estate (EGRN). Inaccuracies in the information of the Unified Register of Real Estate can be identified both by the registration authority and by the owners of real estate. The legislation of the Russian Federation provides for the differentiation of errors (in the USRN data) into “technical” and “registry”. The article considers a technique for correcting a registry error in the location of the boundaries of a land plot using the example of a land plot located in a garage cooperative on the Gorky street, Progress, Amur Region, where it is proposed to carry out the necessary work aimed at making adjustments.

Housing dynamics for sustainable urban development in Greater Doha

The study outlines the significant changes that have taken place in the housing market in response to mega events, migration flows, and laws governing real estate ownership. To gain a comprehensive understanding of the housing market in Greater Doha, a survey was conducted that involved in-person interviews with experts, urban planners, and real estate professionals. The primary objective of this survey is to examine the growth patterns of housing typologies. The study concludes that there will be an accelerated transition from villas to apartments, supported by governmental policies and economic diversification initiatives. Based on the statistical analysis and experts’ reviews, the concentration of apartments will be shifted from the downtown to suburban areas to accommodate the increasing number of migrants. A set of recommendations has been formulated, taking into consideration the housing preferences of both nationals and migrants, affordable housing options, and property ownership opportunities for migrants. The paper provides valuable guidelines for addressing the challenges and opportunities related to housing dynamics in rapid development cities. It can help policymakers to understand the relative importance of different factors in shaping the housing market in Greater Doha, and to develop appropriate strategies to manage housing affordability and availability.

PECULIARITIES OF CONSIDERATION OF ISSUES ON OVERLAYING LAND PLOTS IN THE COURSE OF LAND-TECHNICAL EXPERTISE

The article considers the main documents that are necessary for conducting land-technical examinations and their features, the most frequent questions about the overlap of land plots that are put before the expert, as well as problematic aspects that arise in solving issues when conducting land-technical examinations and proposals for their solution. Based on the results of the research, it can be concluded that one of the main aspects in solving issues when performing land and technical expertise is the presence of mandatory documents certifying the ownership of the land plot (state act, certificate of ownership of real estate, certificate of inheritance, extract, etc.) and the initial data (coordinates) indicated in the documentation and topographical geodetic works. which can be compared. A problem in the performance of land and technical examinations is the uncertainty of the forensic expert in the correctness of the topographical and geodetic work to determine the coordinates of the turning points of the borders of a particular land plot, which can lead to erroneous conclusions because the result of research depends on the initial data. However, the expert is not responsible for the correctness of the materials, documents and initial data provided to him, and for the correctness of actions performed by the specialists involved. Proposals for solving the considered problem include becoming a forensic expert, as a specialist who has the right to engage in topographical and geodetic activities in accordance with current legislation, which will enable him to independently perform relevant works and be confident in the correctness of their execution.