The purpose of this work is to describe the realization of a photogrammetric mapping work, i.e. the creation of a high-resolution orthophotoplan mosaic, as a support in the inventory of land parcels ...belonging to the public domain of a territorial administrative unit in the rural area, subsequent registration in the Integrated Cadaster and Land Registry System, with all related technical-legal aspects.
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DOBA, IZUM, KILJ, NUK, PILJ, PNG, SAZU, UILJ, UKNU, UL, UM, UPUK
We explore Japanese forest landowners' characteristics that affect the awareness of the boundaries of their forest lands. Such information can serve as foundational forest management information that ...will be used in decision making by future generations. We focus on the owners' awareness of the forest boundaries and examine its relationship with the owners' characteristics. This is one of the first studies covering all forest landowners and their awareness at the municipal level in Japan, focusing on a municipality's forest landowners. The results of this study suggest that forest landowners who are young, women, non-members of forest landowners' co-operative associations, and absent from the municipality tend to be unaware of their forests' boundary lines, location, and land area.
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The 2020 earthquakes that struck the City of Zagreb and the areas of Sisačko-moslavačka, Karlovačka, Zagrebačka and Krapinsko-zagorska counties have resulted in damages of approximately 17 billion ...euro that must be repaired as quickly as possible. The Reconstruction Act envisages various forms of reconstruction the execution of which is dependent on an accurate and complete state of title, irrespective of whether such reconstruction is financed by public or private funds. The current state of the land register presents itself as inadequate, essentially jeopardizing reconstruction, for numerous reasons. The incongruence between the land register and the land cadaster makes it impossible to accurately publish property rights over land because the land registration system is dependent on current cadastral data. Land registration renewal proceedings, in progress today, are belated by decades, making them so much more complex due to continuing urban development and legal transactions that were remained uninterrupted by a dated land record. The socialist era in property law has during its various stages led to quick unrecorded mass transfers in the form of socializing land and creating new property rights over socially owned land that were only partially recorded in the land register, both due to inactivity of the governent and due to proactive measures of preventing registrations under spatial planning, building, and tax regulation that all unnecessarily involved the land register in the system of monitoring the application of public law. In the transitional period characterized by the transformation of social ownership and restitution property law changes were also unrecorded, occurring by way of a myriad of complicated and segmented provisions, while processes that would have resulted in an “orderly“ state of land records, such as expunging social ownership and the unification of land records, determining co-ownership shares for condominiums, linking land registers and deed registers, and renewing land registers, were absent or slow-paced. Concurrently, unrecorded transfers and universal successions were present during this entire period, causing multiple transfers and making it more difficult to determine an unbroken legal chain in transferring ownership. The starting point of the amended Reconstruction Act—that public financing is the answer to existing clouded title—is incorrect because co-owner participation is necessary for deciding to proceed with reconstruction, for initiating requisite proceedings, and for participating in the reconstruction by concluding and satisfying construction or reconstruction contracts. Even though the Reconstruction Act facilitated decision-making in co-ownership by modifying the requisite majority, the fundamental question of who participates in the majority or minority has remained open, and insufficient thought has been given to the position of other property right holders. This problem also reflects itself on the procedural pane in terms of determining the eligibility of the filing party i.e., its procedural role as party to the proceedings. Even though a determination of ownership is available under the provisions on preliminary issues, in most cases it will not result with a solution due to the incongruence of the land register and the land cadaster, and particularly not in case of unrecorded transactions. Similar problems may arise in litigation and in special correction proceedings, especially in complex cases where unrecorded transfers coincide with universal successions. Land registration renewal, carried out sua sponte, presents itself as the only systemic solution that can bring about reasonably final results grounded in an equitable finding of the court. Even though this solution is not ideal, itself being prone to certain ambiguities and objections, it is currently the only available legal tool for resolving clouded title cases en masse. Alternative legal models grounded in deviations from the principle of public faith of registration have demonstrated a limited application and problems of borderline constitutionality, while models grounded in sequestration are insufficiently developed.
En este artículo se analizan las representaciones espaciales contenidas en los catastros antiguos, tomando como ejemplo el censimento milanés, iniciado en 1718. Elaborada en un contexto imperial, ...esta cartografía catastral y la evaluación fiscal asociada a él fueron elaborados desde diferentes puntos de vista. Una amplia gama de documentación conservada en Milán, Viena y París muestra cómo funcionarios y ciudadanos de diferentes niveles pudieron modificar e incluso moldear el territorio. La administración territorial, las reivindicaciones locales y la mirada imperial se superponen y comunican para producir, cada uno a su manera, una “imagen interesada”. Pero los mapas y la forma en que están escritos también reflejan estas tres escalas, revelando en última instancia una dinámica imperial, un proyecto negociado y compartido de justicia conmutativa.
The article presents the main principles of English-Welsh land law, connected to protection of real estate transactions, based on land registration. The main aim is to research similarities and ...differences of this regulation with the three major principles of Torrens system formulated by T. Rouff – the mirror principle, the curtain principle and the insurance principle.
Ownership Claim Jānis Rozenfelds
Latvijas Universitātes Žurnāls. Juridiskā zinātne,
09/2022
6
Journal Article
Open access
The paper analyses the objective of an ownership claim – “to declare ownership rights.” According to the literal meaning of law, the claim can be brought by the present owner, still, in the court ...practice and in legal science this provision is interpreted broader, including a reference to the former owner. Due to this reason the borderline between an ownership and a restitution claim is lost, although in essence they are different. The paper examines borrowings from the German and Swiss law and attempts to construct the so-called “claim on rectification of a land register record” in the Latvian law. Lately the court practice has gradually abandoned this idea by giving preference to protection of the acquirer in good faith, which excludes rectification of a land register record during the trial of an ownership claim. The legal science has also moved into this direction by proposing the respective amendments in the Civil Law. The paper analyses a competition of claims. It is concluded that mostly such competition is only ephemeral. Claims on protection of possession, on execution of a contract and on unjust enrichment are independent claims. Each of them has different aims, and these claims cannot achieve the result that would be ensured by the ownership claim.
With many legal arrangements made in recent years have facilitated real estate acquisition (REA) by foreigners in Turkey. This situation has affected foreigners' preferences of real estate (such as ...land, housing) acquisition. With this effect, foreigners have started to acquire housing in İzmir and many other provinces in Turkey. In this study, It is aimed to determine the weight of the criteria that foreigners consider when purchasing housing in İzmir. In this context, 7 main and 28 sub-factors affecting housing acquisition (HA) were determined by interviewing 70 foreigners who acquired housing in Izmir. Later, foreigners were asked to weight these criteria using scales for pairwise comparison. Then, the scale values obtained were subjected to the analytical hierarchy process (AHP) and the importance degress (percentages) of the criteria were determined. According to the determined importance degress, In Turkey, especially in İzmir, the criteria that foreigners pay attention to when purchasing housing are "security environment" with 35%, "facilities in housing acquisition" with 19%, "location of the housing" with 13%, "economic factors" with 13%, "geographical location of the country " with 9%, "socio-cultural structure" with 7% and "housing features" criteria with 4%. Accordingly, “the security environment in Turkey”, “facilities in housing acquisition” and other criteria have a positive influence on HA by foreigners in Turkey. Based on the importance of these criteria, the situation was addressed both for the interests of the country and for foreigners, and various suggestions were made. With the suggestions made, it is aimed to carry out the HA process of the foreigner in a more controlled and effective manner.
•The acquisition of real estate is a controversial issue in Turkey.•Turkey is one of the countries most real estate acquired by foreigners.•legal arrangements has affected foreigners' preferences of real estate acquisition.
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Članak obraðuje aktualni problem neizvjesnog vlasništva u kontekstu obnove zgrada oštećenih potresima iz 2020. Razmatraju se pitanja koja se tiču općenito obnove nakon potresa (potresne obnove) ...regulirane novim Zakonom o obnovi zgrada oštećenih u Gradu Zagrebu te na području Krapinsko-zagorske županije, Zagrebačke županije, Sisačko-moslavačke županije i Karlovačke županije. Kao ključni uzroci neizvjesnog vlasništva identificiraju se neusklaðenost podataka zemljišnih knjiga i katastra, podruštvovljenje, pretvorba društvenog vlasništva i uspostava jedinstva nekretnine, povezivanje etažnog vlasništva sa suvlasništvom, izvanknjižni singularni prijenosi, isključenje odnosno ograničenje dosjelosti te nasljeðivanje, koji se svi detaljno analiziraju u radu. Analiziraju se posljedice neizvjesnosti vlasništva u kontekstu potresne obnove, a posebno utvrðivanje svojstva vlasnika ili suvlasnika radi donošenja odluke o obnovi i sudjelovanja u obnovi, utvrðivanje veličine suvlasničkih dijelova kod etažnog vlasništva povezanog po tranzicijskom režimu sa suvlasništvom, položaj nositelja drugih stvarnih prava na nekretnini koja se obnavlja ili uklanja, kao i procesnopravne posljedice neizvjesnog vlasništva u odgovarajućim upravnim postupcima. Konačno, članak prezentira rješenja problema neizvjesnog vlasništva kroz različite postupke, uključujući parnični postupak, pojedinačni zemljišnoknjižni ispravni postupak, obnovu zemljišne knjige, opću odgodu zaštite povjerenja, postupke vezane uz upis na temelju presumptivno nepotpunog zemljišnoknjižnog stanja u posebnim slučajevima te postupak sekvestracije, pritom pokazujući prednosti, ali i moguće poteškoće prilikom primjene pojedinih rješenja.
What happened to property when the owner died without heir? This study uses the property transmission wills required by Kyoto neighborhoods, a register of property owners that follows the properties ...through multiple transmissions, documents of sale and lease, and a digitalized file pooling the annual population surveys for thirty neighborhoods between 1842 and 1869, to address this question. These documents and analyses demonstrate what happened to property transmission as a family ran out of heirs and the steps the neighborhood community took to prevent confusion and conflict over property ownership. The sixteenth century history of the rebuilding of Kyoto as an early modern city also reveals the basis for community claims of ownership.
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