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Land Legislation Professor Ulf Jensen Lund 2012

Land Legislation Professor Ulf Jensen Lund 2012. Legal Families and Real Estate Law. Common Law: England, USA, former British colonies Continental Law: Romanistic (France, Spain, Latin America) German Nordic Socialist and Transition Law Islamic Law Native Law. Civil Code.

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Land Legislation Professor Ulf Jensen Lund 2012

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  1. Land LegislationProfessor Ulf JensenLund 2012
  2. Legal Families and Real Estate Law Common Law: England, USA, former British colonies Continental Law: Romanistic (France, Spain, Latin America) German Nordic Socialist and Transition Law Islamic Law Native Law
  3. Civil Code Special statutes Special statutes Ordinance Ordinance Ordinance Civil Code Structure Real estate contracts and mortgages are regulated in a general civil code French, Spanish, German legal families; also USA
  4. Land Code Special statutes Special statutes Ordinance Ordinance Ordinance Ordinance Ordinance Land Code Structure Important rules are given in a Land Code Special statutes and ordinances Scandinavia and Russia
  5. Special statute Special statute Special statute Ordinance Ordinance Ordinance Ordinance Bundled Structure A bundle of statutes concerning land To be found in England
  6. What is an Estate? Boundaries Transferability – to buy and to inherit Collateral Usage obligations Fees
  7. Freeholds and Leases Full ownership p Long term leases Land grants Perpetual leases
  8. Protection of Ownership Freedom to sell and buy Enforced acquisitions supported by law and with compensation Prescription -- a balance between the active and the passive Bona fide acquisitions -- regulating unregistered claims
  9. Different Leases Leases from private owners Governmental leases on strictly contractual terms Grants as a special right Site leaseholds and other perpetual forms of tenure
  10. Problems with Leases I Options for renewal of the lease The will to invest in land Future lease payments
  11. Problems with Leases II Can leases be mortgaged? Credits are needed for investments Collateral is necessary for credits Creditors need more protection than owners What happens with the mortgage if the lease contract is cancelled?
  12. Problems with Leases III Is there a leasehold market? Prices on leaseholds are lower than on similar freeholds – is this something we want? A shift can be made from illegal occupancy via occupational leases to more mature rights – is this something we want?
  13. Problems with Leases IV How shall contract breaches be handled? Is it possible to have lease contracts instead of planning regulations?
  14. Leases in Sweden Tenancy Groundleases Siteleaseholds Co-ops (Tenant-ownership)
  15. Housing Tenancy for housing (Land Codech. 12) Commercial tenancies (Land Codech. 12) Not suitable to sell or to mortgage
  16. Land leases Commonland leases (Land Codech. 8) Agricultural land leases (Land Codech. 9) Residentialgroundleases (Land Codech. 10) Commercial groundleases (Land Codech. 11) Not suitable to sell or to mortgage
  17. SiteLeaseholds Land Codech. 13 Long term leases (60 years and then 40 years periods) Transferable Easy to mortgage Registration of the leaseholder
  18. Tenant-ownership Apartments owned by an association Membership gives right to the lease Transferable Can be used as collateral The association registers ownership and collateral charges
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