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- Çağdaş, Volkan, et al.
(författare)
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Co-ownership shares in condominium – a comparative analysis for selected civil law jurisdictions
- 2020
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Ingår i: Land use policy. - : Elsevier. - 0264-8377 .- 1873-5754. ; 95
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Tidskriftsartikel (refereegranskat)abstract
- Condominium is a special and relatively new type of property right emerged in the last century to be a remedy for the management problems in multi-unit buildings. There are many types of condominium regimes, as described in EUI (2005), UNECE (2005) and van der Merwe (2016). The common elements include: (a) Individual right to an apartment, (b) co-ownership (joint ownership) of the common property or the whole property, and (c) membership of an incorporated or unincorporated owners' association (van der Merwe, 2015, p. 5). The ownership shares in the common property are here referred to as co-ownership shares; yet, alternative terms include ownership fraction, condominium share, participation quota, share value, and unit entitlement. Generally, these shares will determine the proportional contribution to the common expenses and the share of common profits, as well as the voting power of each condominium unit owner in the administration of the condominium. The most common approaches to the determination of the co-ownership shares are based on equality, relative size or relative value of each condominium unit, or a combination of such (van der Merwe, 1994, p. 57–58). The literature presents detailed descriptions and comparative analysis related to condominium systems in different jurisdictions (e.g. van der Merwe, 2015; 2016; Paulsson, 2007; EUI, 2005; UNECE, 2005); however, the procedural aspects related to the allotment of co-ownership shares still need to be further investigated. This article aims to describe condominium systems in the Netherlands, Sweden and Turkey, and compare legal provisions and procedures related to the allotment of co-ownership shares in these jurisdictions. The main purpose is to clarify the methodologies behind the determination of the co-ownership shares in national systems to bring new insights to countries, which are trying to revise their national provisions.
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| 3. |
- Çağdaş, Volkan, et al.
(författare)
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Co-ownership shares in condominiums – A comparison across jurisdictions and standards : Long version
- 2018
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Ingår i: 6th International FIG 3D Cadastre Workshop. - Copenhagen : International Federation of Surveyors, FIG. - 9788792853806 - 9788792853813
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- Condominium is one of the prevalent forms of three-dimensional (3D) property rights (Paulsson, 2007, p. 32). The condominium concept common to a number of jurisdictions consists of three elements: (a) individual ownership of an apartment, (b) co-ownership (joint ownership) of the land and the common parts of the building, and (c) membership of an incorporated or unincorporated owners' association (van der Merwe, 2015, p. 5). The ownership shares of condominium unit owners in the common property are here referred to as co-ownership shares; yet, alternative terms include ownership fraction, condominium share, participation quota, share value, and unit entitlement. The co-ownership share determines the proportional contribution to the common expenses and the share of common profits, as well as the voting power of each condominium unit owner in the administration of the condominium. The most common approaches to the determination of the co-ownership shares are based on equality, relative size or relative value of each condominium unit, or a combination of such (van der Merwe, 1994, p. 57-58). The literature presents detailed descriptions and comparative analysis related to condominium systems in different jurisdictions (e.g. van der Merwe, 2016; 2015; Paulsson, 2007; EUI, 2005; UNECE, 2005); however, the technical and procedural aspects related to the allotment of co-ownership shares still need to be further investigated. This paper aims to compare methods and procedures applied for the allotment of co-ownership shares of condominium systems in the following seven jurisdictions; Denmark, Germany, South Africa, Sweden, Switzerland, the Netherlands, and Turkey. Also, international geographic information standards (i.e. ISO LADM, OGC LandInfra/InfraGML) are analyzed to assess the extent to which they facilitate allocation of co-ownership shares. The main purpose is to clarify the legal provisions and methodologies related to the determination of co-ownership shares in national condominium systems and bring new insights to countries, which are trying to revise their national provisions for fairer implementations.
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| 4. |
- Çağdaş, Volkan, et al.
(författare)
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Determination of the property boundary – A review of selected civil law jurisdictions
- 2023
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Ingår i: Land use policy. - : Elsevier BV. - 0264-8377 .- 1873-5754. ; 124, s. 106445-106445
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Tidskriftsartikel (refereegranskat)abstract
- The boundary of real property is the fundamental element for securing rights attached to land. Countries, even with a long-standing cadastral tradition, often face the challenge of interpreting the course of a parcel boundary on the ground based on the available evidence, as data quality is very heterogeneous. Various cadastral principles and procedures have been developed for the determination of parcel boundaries in the field, which may also be associated with resolving boundary disputes. This article documents and compares the principles and procedures applied in the determination of property boundaries in selected civil law countries based on a novel conceptual model developed for that purpose. The notion of ‘boundary determination’ used in this article refers to demarcating and surveying land parcel boundaries during the initial cadastral survey and cadastral update procedures. The selected countries include Denmark and Sweden, which apply Nordic civil law; Slovenia and Turkey, which apply German civil law; and Spain, which applies Napoleonic civil law. The demarcation principles and processes applied in the different cadastral systems, the parties involved, and the evidence taken into consideration in these processes are described and compared. The main aim is to contribute to the documentation of the reasoning applied to the property boundary determination in the selected civil law countries.
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| 5. |
- Stubkjær, Erik, et al.
(författare)
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International Code List Management : The Case of Land Administration
- 2018
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Ingår i: Proceedings of the 7th Land Administration Domain Model Workshop. - Copenhagen, Denmark : International Federation of Surveyors (FIG). - 9788792853684 - 9788792853691 ; , s. 223-244
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- Standardization reduces technical barriers to trade and foster dissemination of innovations. Within the domain of information technology, standardization enhances semantic interoperability of systems and services. In order to achieve the potential of standardization, IT solutions must be localized to adapt to local needs. To reduce localization costs, software developers, but also standards develop and adopt internationalization principles and best practices, cf. the W3C Internationalization (I18n) Activity, the ISO 639 Language Codes, which provides an example for code lists and code list management, and the coding of coordinate reference systems. For the domain of Land Administration, the localization issue extends from language names to the various organizations and institutions dealing with interests in land. Paasch et al (2013) propose code lists as a mean of internationalization by which the classes of the ISO 19152:2012 Land Administration Domain Model (LADM) may be related to the concerned jurisdiction. The issue of code lists has been addressed by the OGC as well, namely in terms of the document 17-050r1 Code List Manifesto by Paul Scarponcini. Motivations for the study include that various OGC standards have encoded enumerations and code lists differently, as realized during the development of the InfraGML standard, which regards land and civil engineering infrastructure facilities, and thus share part of its scope with LADM. Aiming at harmonization of standards within the domain of Land Administration, the present paper proposes a joint management of the code lists which are specified by ISO LADM and by OGC LandInfra / InfraGML, respectively. The FIG motivated the ISO standard LADM and moreover framed research on code lists. It seems therefore appropriate to join with this organization of surveying professionals, also to benefit from sharing of expertise and cost of the management activities. The paper the outlines the tasks of code list management by drawing on the mentioned Code List Manifesto and resuming research supporting code list management, e.g. terminological theory and semantic tools. The setup of a possible code list management system is discussed, and summarized in terms of a draft Memorandum of Understanding.
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| 6. |
- Stubkjær, Erik, et al.
(författare)
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International Code List Management : The Case of Land Administration
- 2018
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Ingår i: Proceedings of the 7th Land Administration Domain Model Workshop. Zagreb, Croatia. April 11-13, 2018. - Copenhagen : International Federation of Surveyors (FIG). - 9788792853684 - 9788792853691 ; , s. 223-244
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)
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