This thesis is concerned with the doctrine of title by possession and the doctrine of relative title. Many property lawyers believe that these doctrines are elementary, important and interesting. But, while virtually everyone accepts that possession of land or chattels is a source of title and that titles are relative, the doctrines have long been a focus of debate. The nature of possession, the nature of the possessor's title, and the relationships between possession, relative title and ownership have been particularly contentious. Accordingly, this thesis seeks to provide sound answers to the following questions: (1) what, in this context, is possession? (2) What is the nature of the title that is acquired by taking possession of land or chattels? (3) Does English law recognise landownership and chattel-ownership?-and, if it does, is a person who acquires, by virtue of his or her possession, a title to land or chattels the (or an) owner of the land or chattels? It is argued in Chapter 2 that, for the purposes of the doctrine of title by possession, the general rule is that a person is in possession of land or chattels if and only if she has: (i) a sufficient degree of exclusive physical control; and (ii) an intention to possess. Chapters 3-5 are concerned with the second question. It is argued that, upon obtaining possession, a person acquires, in cases involving land, an estate in fee simple absolute in possession and, in cases involving chattels, a general property interest. Chapter 6 is concerned with the third question. It is argued that English law does recognise landownership and chattel-ownership; and that a person who acquires a title by obtaining possession of land or chattels owns the land or chattels if her title is supreme but not if it is inferior.

The Real Property Tax requires a major outlay of funds by most property and non-property owners. Property owners are directly affected by the tax, in that they pay the taxes to the taxing authorities, while the non-property owners are indirectly affected as the property tax paid by the owners is reflected in the rents which the non-property owners pay. Because of the magnitude of the property tax as a proportion of the property owners net income or disposable income, the individuals right or obligation of an equal portion of the tax burden should be upheld. The portion of the total tax burden for which a property taxpayer is responsible, is determined by the "actual value" of his real property, subject to legislative exemptions and reliefs. To ascertain the degree of the equality of the tax burden a sample of 1632 properties was obtained consisting of seven different land uses from eight-municipalities located within the Greater Vancouver area. For each property in the sample the adjusted selling price, assessed value of land and improvements for municipal and school purposes, and the net taxes payable were obtained. To furnish the reader with some insight as to the causes of possible tax inequalities between municipalities, land uses, or price categories within municipalities, calculations measuring the degree of assessment uniformity and equality were executed. The findings of this thesis give evidence that the tax burden between municipalities, land uses and price categories within municipalities are not equally distributed as the concept of equality was defined. Further, it was discovered that these inequalities were, in part, due to the occurrance of unacceptable levels of assessment inequality and ununiformity. / Business, Sauder School of / Graduate

No abstract available / Dissertation (LLM)--University of Pretoria, 2013. / Private Law / unrestricted

The main goal of this thesis is to analyze appropriate methods and approaches that lead to valuation of a sports complex, specifically the public swimming pool complex in Senica before and after reconstruction. The aim is to estimate the expenses that are related to running the place and to analyze its possible revenue. The object´s price is based on the up-to-date valuation acts. To perform the valuation, it was necessary to acquire the corresponding technical and economic documentation. Based on these documents, there is a visible technical upgrade, which is due to a reconstruction. The object is owned and managed by the town of Senica.

Residential property developers face an ever-increasing problem of disposing of their newly built residential premises. The problem exists because of an oversupply of residential property and a decrease in property sales over the past few years. The VAT consequences of such a change in use of a property could have catastrophic implications for the property developer in terms of cashflow. In the 2010 budget speech, the Minister of Finance of South Africa acknowledged that harsh VAT legislation exists. The aim of this study is to determine a way of amending South African VAT legislation to accommodate property developers during the period when residential properties are temporarily let out. It was concluded that South Africa’s current VAT legislation with regard to change in use of residential properties is far worse than that of New Zealand and Australia, but that the proposed amendments will offer some degree of relief. The situation, even after implementing the amendments to legislation, will still not give sufficient relief and another solution is put forward for consideration. / Residensiële eiendomsontwikkelaars staar toenemende probleme met die verkoop van hulle nuutgeboude residensiële eiendomme in die gesig. Die probleem het ontstaan weens die toenemende beskikbaarheid van residensiële eiendomme in die mark, sowel as die afname in die eiendomsmark die afgelope paar jaar. Die BTW-gevolge van sodanige verandering in gebruik van ʼn eiendom mag katastrofiese gevolge vir die eiendomsontwikkelaar inhou wat betref kontantvloei. In die 2010-begrotingsrede het die Minister van Finansies van Suid-Afrika erken dat problematiese BTW wetgewing bestaan. Die doel van hierdie studie in om te bepaal in watter mate die Suid-Afrikaanse BTW-wetgewing verander kan word ten einde eiendomsontwikkelaars te akkommodeer gedurende die periode waarin hulle eiendomme tydelik uitverhuur word. Daar is gevolglik vasgestel dat Suid-Afrika se BTW-wetgewing met betrekking tot die verandering in gebruik deur eiendomsontwikkelaars erger is as die wetgewing in Nieu-Seeland en Australië, maar dat die voorgestelde wetswysigings ietwat van ʼn verligting sal bied. Die situasie, selfs ná die implementering van die wetswysigings, sal steeds nie voldoende verligting bied nie en ʼn ander oplossing word voorgestel. / Dissertation (MCom)--University of Pretoria, 2012. / Taxation / Unrestricted

This thesis establishes that the redistribution of “matrimonial property” upon civil marriage breakdown is alien to Nigerian Family Law. A complete separation of property system operates in Nigeria. Comparatively, the thesis determines the suitability of some legal precepts existing in Australia, England and South Africa and how they could be employed in Nigeria. While Australia, England and South Africa have progressed with the tides and dynamism of the society, Nigerian law has remained unresponsive to the plight of spouses (especially female spouses) who are mostly financially disadvantaged on marriage breakdown. A default matrimonial property system, which is akin to the accrual system in South Africa, is proposed. The proposed matrimonial property system will preserve the independence and equality of spouses during marriage and upon its breakdown. A case is made for the recognition and enforcement of marital property agreements which will aid spouses in deciding how the financial and property aspects of their marriage will be regulated. The thesis, however, supports the recognition of the redistribution power of the courts, notwithstanding the matrimonial property system in operation. The courts’ discretion, in this regard, must be exercised sparingly, only when the justice of each case demands it. The need to give sufficient weight and valuable considerations to the indirect contributions of a homemaker and caregiver vis-à-vis the contributions of the breadwinner is advanced. The thesis takes the standpoint that concepts of equity and trust could play a vital role in the determination of the property rights of spouses on civil marriage breakdown. It concludes that there is a need to develop and improve the present legal framework on the property rights of spouses on civil marriage breakdown in Nigeria. / Thesis (LLD)--University of Pretoria, 2017. / Centre for Human Rights / LLD / Unrestricted

This study examines the assumption that property is assessed uniformly from district to district in Arkansas.

Recent studies of the valuation of real estate have concentrated on the use of hedonic pricing techniques in which the implicit prices of the component characteristics of an asset are inferred from the observed sale price using regression analysis. All of these studies include as explanatory variables one or more locational factors, such as distance to the central business district, as proxies for the effect that location has on the utility of land. In this research, the explicit consideration of the location of real estate in terms of the geographic or Cartesian coordinates (spatial attributes) of observed sales is shown to be a potential substitute for such proxies, either wholly or in part. Such use of spatial attributes could improve the usefulness of the hedonic methodology while at the same time significantly reducing cost and eliminating sources of error.

A vast amount of literature on hedonic price modelling has been formulated on overseas property markets. Very little currently exists in South Africa and this poses a risk for sellers and estate agents of a residential property when listing it on the open market, as this could result in an extended list period, reducing the original asking price. This paper seeks to examine Gauteng’s West Rand residential property market and formulate a multi-variate regression model to best predict property prices, determined by a property’s structural characteristic. The research tracks residential sales from 1996 to 2009, a thirteen-year sample period from which a composite property index, to account for inflation and real house price growth, has been formalised. Correlation and regression analysis was used to interpret the data at the relevant significance level. In order to account for locational attributes present in property values, the data set was divided into locational quadrants and run as dummy variables. A further regression was run on a screened data set to create an ordinary least squares equation that could be used to show the relationship between property values and structural characteristics. The results indicated a good fit with an R2 of 69.5%. This regression was then applied practically to predict property prices for houses that have transacted in the West Rand property market, and plotted along a value/price graph using the 45-degree true value frontier line. The relevant results were then interpreted, and recommendations given.

No description available.