Perpetual Lease Research Articles

Rent control: a friend or foe

In this article, I address the by-product of the property reform—perpetual land lease—with a case study of Latvia. Contributing to scholarship on the challenge of property reforms after generations of dispossession, I examine the economic meaning of property restitution in this post-Soviet context. Using process-tracing and policy analysis techniques to examine the creation and implementation of Latvia’s restitution policy in the aftermath of independence from the Soviet Union, I tackle the research question: “Have the property rights of the parties been considered during these reforms?” I use two theories to answer this question: one of law and economics, by applying the theory of efficient regulation and Normative Hobbes Theorem (coalesced from the Coase Theorem and the Hobbes Theorem) and the other of transitional justice, by analysing the perpetual lease relations as part of restitution policy, aimed at providing justice to victims of the Soviet occupation and nationalization. In this paper, I illustrate that state intervention by normatively fixing the lease fee is necessary to prevent infringement of property rights of the landowners, thus ensuring that restitution as a transitional justice measure has reached its aim.

Perpetual Lease Contract from Olympia

In the sanctuary of Zeus at Olympia, a bronze plate was found in early March 1879, which must have been affixed to a wall of the sanctuary, as the preserved corner holes show. The inscription is written in Elean dialect and can be dated on palaeographic grounds to the last quarter of the 5th century BC. It is a perpetual lease contract for a plot of land in Salmone. The interpretation of the document is problematic: the display of the bronze plate in Olympia and the perpetual duration of the lease are in fact a unicum in a contract that, in light of the linguistic data, is believed to have been concluded between two private individuals.

Perpetual usufruct as an instrument for strengthening socialist state property and contemporary legal effects in property law

The first part of this study presents historical reasons for introducing perpetual usufruct by the Management of Urban Areas Act 1961 and the Civil Code 1964. It begins with the general analysis that focuses on the changes of laws from the initial introducing development right and perpetual lease to ownership divided into periods and then usufruct of the state residential property. The author explains the mechanism of influence of the factors arising from communist ideology (Marxism-Leninism) on the proposed legal solutions particularly attributing a prominent role to socialist state property in the People’s Republic of Poland. Next, the official version of the perpetual usufruct’s role is also presented. The perpetual usufruct was introduced as a new real right which was to be attractive for citizens and enabled the state to administer areas in towns and settlements in accordance with a legal town development plan. The aim of the study is the explanation of the real function of the perpetual usufruct of residential lands in towns. The construction of perpetual usufruct was a result of referring to models of Soviet law. It was an instrument which was to protect socialist state property as well as to counteract a depletion of the accumulated state lands through a transfer of those lands for private persons. The perpetual usufruct also was to enable the socialist state to control how urban land was used. The perpetual usufruct was a result of the ideological and political principles of the socialist system in the People’s Republic of Poland, particularly strengthening socialist state property of lands. The perpetual usufruct was really a semblance of ownership of land. This was indirectly explained in the resolutions of the Supreme Court of 1968 and 1969. Therefore, in our times there are difficult legal problems also connected with the issue of granting property rights to perpetual usufructuary. The legal proposals of replacing perpetual usufruct with different rights still haven’t been introduced. The last part of this study expresses in a concise way the contemporary legal acts which were aimed at reducing the accumulation of lands which were let on a perpetual usufruct. Nevertheless, these acts weren’t always effective. The Act of 2018 on Transformation Perpetual Usufruct of Built-up Residential Lands into Ownership of those Lands is the last legal act concerning the discussed issues. In principle this act introduced the enfranchisement in accordance with the law for every perpetual usufructuary of built-up residential land. However, it didn’t eliminate the perpetual usufruct in Polish property law. The analysis in this paper proposes the thesis that the perpetual usufruct of residential lands (on a large scale) was never justified in an economy, but was only determined by ideological and political reasons in the People’s Republic of Poland.

ЕМФІТЕВЗИС: ОСОБЛИВОСТІ ВІДОБРАЖЕННЯ В БУХГАЛТЕРСЬКОМУ ОБЛІКУ

У статті досліджено особливості правового регулювання права користування чужою земельною ділянкою для сільськогосподарських потреб за договором емфітевзису. Обґрунтовано правомірність визнання емфітевзису нематеріальним активом, а, отже, об’єктом бухгалтерського обліку. Проаналізовано особливості ведення первинного обліку емфітевзису та встановлено, що для документального оформлення операцій надходження, введення в експлуатацію, припинення визнання емфітевзису спеціалізованих форм первинних документів не встановлено. Визначено основні облікові аспекти відображення земельних ділянок за договорами емфітевзису та розроблено шляхи їх вдосконалення. Запропоновано строк, на який передається земельна ділянка у користування згідно договору емфітевзису.
 Під час дослідження були використанні загальнонаукові методи – індукція, дедукція, синтез, аналіз, діалектичний, історичний, узагальнення, а також специфічні методи бухгалтерського обліку – документування, оцінка, бухгалтерські рахунки.

Próba likwidacji pozostałości czynszów wieczystych w miastach II Rzeczypospolitej na ziemiach znajdujących się pod panowaniem rosyjskim przed I wojną światową

In the Second Republic of Poland, in the towns under the rule of the Russian Empire before 1914, there existed legal regulations based on rent charge agreements, perpetual lease and emphyteusis, so the ones that had been in use before enfranchisement. The possibility to liquidate such legal regulations associated with the necessity to pay perpetuate benefits to the state was granted by the Presidential Decree from January 30, 1924. When it comes to repurchasing town properties, it was regulated first by a bill from March 28, 1933, and then by a bill from April 25, 1938. However, the procedure given by the legislator, which meant that repurchasing was dependent on the initiative of the owner, made it difficult to fully liquidate the abovementioned procedures till the outbreak of World War I.

Deconstructing West Bengal Thika Tenancy

Over the years the Thika Tenancy laws in West Bengal have undergone widespread amendments and alterations and judicial interpretation of the same has also been varied and in accordance with changing laws. However, several disputes regarding the laws existing prior to enactments of new legislations and their applicability to different cases have called for interpretation by the Calcutta High Court and the Supreme Court of India. The following tries to elaborate upon the same.In 1949, the State of West Bengal enacted the Calcutta Thika Tenancy Act, 1949 with effect from 28th February, 1949 for better provisions relating to the law of landlord and tenant in respect of thika tenancies in Calcutta. Thika tenant means any person (including his Successors in interest) holding land under written/otherwise lease paying rental monthly/periodical to the landlord who has erected any structure for residential/business purpose except land under perpetual lease or registered lease for more than 12 years or cattle shed land for business. This Act was applicable to the lands within the Calcutta Municipal Corporation and Howrah Municipality.

Konstantin Pätsi „Maa-küsimus“ ja selle ajalooline kontekst [Abstract: Konstantin Päts’s “The land question” and its historical context

At the beginning of the 20th century, most rural land in the provinces of Estland and Livland belonged to the Baltic German landlords. Although a growing number of peasant farms had emerged, most of the peasantry remained landless. Therefore, the problem of land ownership or the land question was particularly important for the Estonian population. The Russian Revolution of 1905 had a far-reaching impact on the development of Estonian political thought. Following the October Manifesto, the first Estonian political parties were founded. As the First State Duma convened in St. Petersburg at the end of April 1906, it was expected that the land question would be resolved. In May of 1906, the Russian Constitutional Democratic Party (Kadets) drafted a land reform bill proclaiming a partial expropriation of private land and the formation of a state land reserve. In the subsequent months, the draft bill launched a public debate in local Estonian and Baltic German newspapers. At the heart of the dispute lay the question of how to redistribute the expropriated land. The liberal newspaper Postimees called for the sale of the expropriated land as small farms. More radical newspapers Vaatleja, Sõnumed, Koit and Virulane supported the perpetual lease of expropriated land. The Baltic German newspapers used legal as well as economic arguments against the radical land reform bill. In fact, the Baltic Germans found the bill to be an unfeasible utopia that could devastate Russian agriculture. The aim of this article is to examine Konstantin Päts’s “The land question” (1907) in the context of the aforementioned debate and to throw light on the origins of Päts’s political ideas. “The land question” is the most comprehensive text written by Päts from that period. In “The land question”, Päts outlines his land reform programme, which favours the partial expropriation of private land, the formation of a provincial land reserve and the redistribution of expropriated land to landless peasants under the perpetual lease system. Päts points out that long-term leasehold has several advantages compared to small farm ownership and concludes that lease in perpetuity is especially beneficial for less-wealthy farmers. Päts contests the claim that private land ownership is the prerequisite for agricultural development. At the same time, Päts clearly discerns himself from socialists and argues that the expropriation of land for public purposes is not unknown to liberal ideology. Päts’s land reform proposal differs from the Kadets’ land reform bill in that it requests a larger land norm and demands local autonomy in all decisions regarding the provincial land reserve. Hereby Päts insists on unifying Estland and northern Livland into one national autonomous province. At the beginning of “The land question”, Päts gives an overview of agrarian reform in New Zealand. For Päts, New Zealand’s agrarian policy is an excellent model for the Baltic provinces. In New Zealand, the government had bought land from large landowners. As a result, small farmers had an opportunity to acquire land on perpetual lease. When justifying his land reform proposal, Päts repeatedly quotes the works of Adolf Damaschke, the leader of the Union of German Land Reformers. Indeed, Damaschke’s standpoint concerning the common ownership of land had significantly influenced the political views of Päts. More broadly, Päts’s belief in the social nature of land property reflects the impact of contemporary land reform movements at that time initiated by the American social thinker Henry George. KEYWORDS: Konstantin Päts, land reform proposals, perpetual lease, Russian Revolution of 1905, Baltic provinces, Estonian political thought.

A Rental Document from 8th/14th Century Egypt

Fan?diq (trade hostelries) were institutions of great importance during the Mamluk sultanate (647/ 1249-923/1517). Frequented for the most part by merchants, they were places where people could find lodgings for themselves and their animals, and also store goods.1 Some were administered pri vately by families or amirs who were heavily involved in trade, while others were dedicated specifically to particular trades or national groupings.2 This article provides an edition and translation of a docu ment from 8th/14th century Egypt, currently kept in the Wazirat al-Awqaf (Ministry of Endowments) in Cairo,3 granting permission to rent out a plot of land in the city center, which has previously been endowed as a waqf (charitable trust), and upon which zfunduq is built. A plan is also presented, suggesting the possible arrangement of the property and its surroundings (fig. 1). As modern knowl edge about Mamluk fan?diq is sparse, the document sheds important new light on the subject, giving insight into various features of the property's layout and administration. Before proceeding further it is worth briefly recalling the rules of waqf and rental in Islamic law. When a property is endowed as a waqf, it becomes inalienable, with its income passing to the person, persons or institution specified as the beneficiary or beneficiaries. Although it may not be sold, a waqf property may be rented out, normally for a maximum of three years. Rentals of longer than three years are permitted, but only with the permission of a q?dl, who has to believe that the transaction is economically of benefit, or at least fair, to the waqf.4 The granting of permission is the function of the document presented here. It is worth noting that this is permission for an ij?ra tawila (long-term lease), rather than a hikr (perpetual lease). The structure of the document seems to be standard: it notes the location of the property; the dimensions of each part of the property, along with their limits in relation to the buildings and streets

Lessor and lessee perspectives on ground lease pricing

This paper is concerned with how to calculate fair ground rents in perpetual ground lease arrangements and under what circumstances ground leases are motivated. These problems have been debated for some time. In general, two different kinds of models have emerged in real estate economic literature. Both are reviewed in the paper. One difference between them is the interpretation of the term 'fair'. In this paper, a view of 'fair' ground rents stemming from the Pareto criterion is introduced. It is argued that, under this view, both kinds of models must be used simultaneously. Hence, the two models are modified and combined into a so-called combined model. Using this, it is argued that risk-sharing and asymmetric information about future value growth are two important motivations for ground leases. The latter is of certain interest, since it can result in an adverse selection problem followed by a thin market.

Pastoral land tenure options in Australia.

Most pastoral land in Australia is leased under a form of perpetual or term lease. Covenants are attached to these leases in an attempt to achieve various social, economic and environmental objectives. Land tenure options necessary to achieve these objectives are identified and contrasted with the current tenure systems. From an administrative and management viewpoint each tenure system has a number of strengths and deficiencies. The necessary characteristics of a tenure system which retains the strengths and overcomes the identified deficiencies are outlined.

THE NATURAL STRUCTURE AND FUNCTIONS OF THE DELTA-SHINDEN IN YATSUSIRO PLAIN

In this paper, the writer reports the natural structure and functions of the delta-shindens in YATSUSHIRO Compound Deltaic Coastal Plain in Kumamoto Prefecture. Almost all Japanese deltas were reclaimed in the front margins of deltas where remarkable differences inheight were seen between. the rise and fall of a tide since Edo Era, the late Feudal Age. New Shindens were advanced everytime the salt-grass-marsh grew at the front of the older shindens in the front margins of such river deltas as R. Edo, R. Kiso, R. Asahi, R. Takahashi, R. Chikugo and R. Kuma Deltas. It is very important for the shindenthe reclaimed rice-fields at, the front margins of deltas to be constructed with a Natural organic structure in order to check the invasion of the rise tide, to drain the surplus water of older shindens and to irrigate the new shindens. 1), SIOYOKE-TSUTSUMIA dike checking the rise-tide. It was constructed, by the labours of the peasant of the Feudal Lord who presented the capital and the material for reclamation. These peasants. were given the perpetual lease and levied land-tax in rice. 2), Irrigation of delta-shinden. These peasants acquired the irrigation water, from the drainage-water of older shindens and Hondens, and joined in an, irrigation water utilization association. In the lower part of a river invaded. by the tide, they utilized the well-water, in the upper part of it the riverwater arrested by the rise tide. Where irrigation water is poorly available, new shindens were given less water than older shindens. In case, theyjointed in the irrigation water utilization association, new shinden presented ten times as large area to older shinden by way of compensation for that occupied by there water-course in older shinden, or bought the land for the water-course from the Honden, and paid land-tax to their Feudal Lord. When the drainage area of one river, was divided into two sections, each of which has its own different Land Lord, it was very. difficult for the lower villages to reclaim new shinden or to join old irrigation water utilization association by the objection of the upper part which was ruled by the other Feudal Lord. 3), Drainage of surplus water of Delta-Shinden. Surplus water of older shinden were drained into the new shinden, and accumulated in the pond named Akusui-Damari in all day and night. The surplus water drained from the Akusui-Damari of the newest shinden, for only 4 hours, at two fall tide period in a day. Delta-Shinden had the drainage right on the front salt-marsh of delta. This narrow land remained as IRIKAWA-the artificial river between the older shinden and the newer, when newer shindene were. reclaimed in front of the older shinden. In the Yatsushiro Compoud Deltaic Coastal Plain the newer shindens were reclaimed after 170_??_190 years at the front of the older shindens in the early Edo Era, so that arid delta shindens were changed to the deep muddy rice-fields little by little. It gave very heavy agricultural labours and a decrease of harvests to the peasants who were levied the tax on rice. There were many peasants who escaped the shindens and resulted in decreased. income for their Feudal Lord. These deep muddy rice-fields-old delta-shindens-were due to the difficulty of draining the surplus water in the older delta shinden as a result of growing accumulation of soil and sand which were transported by the rivers embanked in the eary Edo Era. At the front of the older delta-shindens, then, newer shindens were reclaimed and they advanced on in front of the older shindens, in order to keep dry rice field from becoming deep muddy rice-field and to mitigate the high pressure of population in the Feudal Village as well as the poverty of the Feudal Lord.

Secretary of State for India v. Sardar Rustam Khan

Cession — Perpetual Lease of Territory at Quit Rent — Whether Constituting Cession.98State Succession — Respect of Private Rights — British Practice — Act of State — Exclusion of Jurisdiction of Municipal Courts — Perpetual Lease of Territory of Native Indian States — Whether constituting Cession of Sovereignty.

The Phantom of Mengkukuo

AUTOMATICALLY, by the invasion of Manchuria in I93I, Japan became committed to the invasion of Mongolia. A great part of Western Manchuria belongs to the Mongols. They once held about a third of the territory of Manchuria, almost the whole of Jehol, and reached to within a hundred miles of Mukden and within a few miles of Harbin. Hsinking, the present capital of Manchukuo, stands on former Mongol territory. Today, the Mongols retain only about a quarter of the territory of Manchuria and Jehol combined. The process by which they lost the rest of their land began at least i50 years ago, but antagonism between Manchurian Mongols and Manchurian Chinese has been acute for only about thirty years. In the beginning, the Chinese did not seize Mongol territory, but permeated it. To an important extent, this early colonization was encouraged by the Mongol princes, who enriched themselves by allotting part of the land of their banners or principalities to Chinese tenants, under a system of perpetual lease, thus endowing themselves with permanent rent-revenues. As a result, parts of the Mongol tribal principalities which adjoined the Chinese regions of Manchuria were transformed. The common people settled down to farming, like the Chinese. Mongol and Chinese villages were established side by side, and were ruled by a new kind of upper class-Mongol princes who had become largely indistinguishable from Chinese landlords, and Chinese landlords wealthy and powerful enough to act like local chieftains. Railway building in Manchuria blotted out this kind of colonization. The Chinese no longer came in by permeation, to settle beside and among the Mongols, but in a flood which swept the Mongols out and gave them no chance to settle down to farming. Power passed from the princes who manipulated the tribal ownership of land to the Chinese officials who controlled the railways. The most powerful of these officials became regular barons. A general who controlled a strip of railway and a corps of troops could do as he