Nakládání s nemovitostmi v teorii a soudní praxi Romana Postránecká ABSTRACT (EN) This work is dedicated to a selected range of issues concerning the problems of dealing with real estate. The focus of this work is the handling of material rights to real estate; out of the group of laws of obligations the work includes the issue of leasing real estate. The work is divided into seven chapters. The first chapter provides and introduction to the issues and deals with the systematic legal relationships to real estate. The second chapter addresses real estate transfers, in which the focus is on the present development of judicature in regard to the effects upon a third party of withdrawing from a transfer agreement. The third chapter discusses encumbrances and easements, their contents and comparison with public use like an institute of public law. The forth chapter handles the issue of real estate liens, including liens established within the scope of carrying out a court decision or distraint. The fifth chapter looks into leasing real estate, in particular the differentiation of legal regimes by which the lease agreements abide, according to the type of real estate in question. Despite the fact that the effectiveness of the new Civil Code (in the wording signed by the president of the Czech Republic) had been...

Private land conservation provides an opportunity to address problems of habitat fragmentation and biodiversity loss caused by an increase in the development and parcelization of private land. Conservation easements (CEs) are an innovative tool used by land trusts to protect significant natural qualities of private land in perpetuity, while also allowing the land to remain in private ownership. Traditionally, property represents an individualistic relationship, however, CEs redefine this relationship by seeking to maximize the overlap in private and public goods in property. In this study, I explore the relationship between the common good and private property through an analysis of landowner attitudes and interest in conveying CEs. To address my research objectives I implemented a mixed-mode survey to 664 private landowners in the Whychus Creek Watershed in Deschutes County, OR. I received 257 survey responses, yielding a response rate of 41%. The first layer of this study focuses on landowner attitudes towards CEs (Chapter 2). The results of an exploratory factor analysis suggest there are two dimensions to landowner attitudes towards CEs--internal and external dimension. I constructed logistic regression models to predict positive internal and external attitudes and found that external attitudes are primarily influenced by environmental beliefs, whereas internal attitudes are influenced by a suite of factors including financial beliefs and perceived risk to private ownership. Furthermore, landowner knowledge and awareness of CEs may play a role in attitude development. I found that as awareness increased the number of landowners perceiving low risk also increased. Additionally, I found that those who learned about CEs from a peer were more likely to have an extreme positive or negative attitude towards CEs. The second part of this study focuses on landowner interest in conveying a CE (Chapter 3). The results of a multinomial logistic regression analysis suggest that positive external and internal attitudes towards CEs provide the foundation for CE, while personal incentives and connections to the social and/or natural community serve as the motivation driving CE conveyance. Although the results of this study are only representative of landowners in the Whychus Creek Watershed I argue that some of the findings may be more broadly applicable. Contributing to our conceptual understanding of CEs, I discuss how CEs may be beneficial in reintegrating the common good into private property. Further, I highlight that landowner connections to both the social community and natural environment are important characteristics of CE conveyance as well as private land conservation in general.

The thesis discusses the task of easements appraisement in detail. The theoretical part is aimed to general analysis of easements; kinds of easements, possible ways of their formation and termination are stressed. Separate part deals with delimitation of basic terms associated with appraicement of real estate, basic techniques of appraicement of easements from the point of view of appraicement purpose and the kind of easement. Consecutively the theoretical part is applied to appraicement of easement for cost free using of family house and garden, easement for participating on crop from garden and appraicement of easement for domestic animals breeding for tax purposes so as contractual purposes for the lifetime of the eligible person.

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Conservation strategies frequently require prioritization of targets due to limited budgets and personnel. Prioritization involves choosing those areas that return the most conservation value for the time and money invested. Hence, the process of prioritization involves evaluating multiple conservation values and the uneven spatial distribution of those values across a landscape of concern. The goal of this study was to help conservation organizations improve decision making for implementation of prioritization-based strategies for land protection using a GIS-based, multi-criteria decision support system (GIS-MCDS). Geographic Information Systems (GIS) can assist conservation planners in quantifying the relative desirability of one area over another, therefore enabling better business and ecological decisions. GIS analyses for planning are routinely undertaken over large geographic extents such as ecoregions to identify priority areas. These analyses often summarize priority by pixel values in a raster image. Implementation of conservation strategy often takes place at the much larger parcel level. Therefore, aggregating pixel-based results by parcels is a prerequisite to implementation of a purchase or easement strategy. I developed a spatial decision support system in an attempt to quantify private land holdings in the High Knob area of Virginia for their relative conservation value, as defined by the Clinch Valley Program of The Nature Conservancy. It utilizes a proxy approach for measuring conservation values and an analytical hierarchy process to aggregate the results by privately held real estate parcels. Simple prioritizations are often based on parcel size alone, rather than consideration of the many conservation values that characterize land parcels. Though it is much quicker and easier to prioritize parcels in this manner, such simplicity risks missing important smaller areas for conservation while prioritizing larger parcels with less value. I compared this simple "bigger is better" ranking method to the GIS-based multi-criteria method developed for TNC. There was a 0.57 correlation between the ranked lists produced by the two models, suggesting that parcel size alone does partially explain the complexity modeled by the multi-criteria method. However, the more complex method did produce different top priority parcels, which could significantly change an organization's implementation strategy. I conclude that both methods have their applications, though the multi-criteria method is better for long-term implementations of strategic acquisition and easement. A secondary goal was to identify to what extent land trust organizations are prepared to implement a multi-criteria type analysis like the one considered in this study. I conducted an online survey of conservation professionals on how their organization currently uses GIS and their satisfaction with GIS analyses to meet their organizational mission. Sixty-one responses were collected and analyzed. The overwhelming majority of conservation organizations recognize the benefits that GIS bring and have already developed some level of internal expertise, though many barriers to using GIS were also identified. From these results, I conclude that most land trust conservation organizations are not currently utilizing the insights that multi-criteria GIS prioritization is capable of offering, but that their previous positive experience with GIS makes such analyses an attractive proposition for those on the cutting edge of the land conservation movement. / Master of Science

This diploma thesis deals with legal, accounting and tax consequences of superficies and easements under the legal system of the Czech Republic. Description of the legal context both subjected institutes is focused on domestic evolution process, as well as historical excursion into the jurisdiction of other states and registration in the Land Registry. Further there is an analysis of superficies and easements reporting approaches of Czech accounting legislation and international accounting standards IAS/ IFRS. This section focuses mainly on the reporting of the superficies in the balance sheet of accounting entity according to the Czech accounting law with regard to the change between 2014 and 2015 and IAS/IFRS standards. Tax chapter deals with income tax, value added tax, transfer tax imposed on both institutes in the Czech tax law, including tax burden on inheritance and donation.

Det har skett en betydande folkökning i Stockholm under de senaste åren. För att kunna hantera ökningen ska tunnelbanan byggas ut. Stockholmsförhandlingen resulterade i planering och finansiering av ett antal nya sträckningar. Sträckningarna kommer mestadels att gå underjord och kräver markåtkomst och tillträde. För att tvångsvis få markåtkomst till järnvägstunnlar finns det två konkurrerande möjligheter antigen används tredimensionell fastighetsbildning eller servitutsrätt. När mark exproprieras eller på annat sätt tvångsvis överlåts ska ersättning utgå. Intrångsersättningen ska motsvara marknadsvärdeminskningen som intrånget gör.     Syftet med studien är att jämföra överlåtelseformerna servitut och tredimensionell fastighetsbildning vid tvångsvis markåtkomst för järnvägstunnlar samt även bestämma lämplig ersättning för överlåten mark eller rättighet. En kvalitativ studie har används för att svara på syftet och frågeställningen. Metoden har inkluderat en undersökning av rättssituationen, fallstudier och intervjuer. Järnvägstunnlar i Stockholm, Göteborg och Malmö har studerats som lämpliga fall. I intervjuerna tillfrågades representanter från Stockholms Statliga och Kommunala lantmäteri, Trafikverket samt även en fastighetsvärderare. Frågorna som behandlades var om tunnelns intrång, lämplig ersättning och skillnaderna mellan servitut och tredimensionell fastighetsbildning.  Undersökningen resulterade i att det är juridiskt möjligt att bilda både en tredimensionell fastighet och servitut men utifrån fallstudierna och intervjuerna har tredimensionell fastighetsbildning fördelar framför servitutsbildning. Eftersom järnvägsägaren blir fastighetsägare över tunneln så blir ansvarsfördeliningen tydligare vilket förenklar den framtida förvaltningen. När det gäller ersättningen bör den bestämmas utifrån den faktiska marknadsvärdeminskningen om det går men för de fastigheter där det är svårt att påvisa en värdeminskning kan schablonbelopp användas. Undersökningen kom fram till att intrånget blir lite större när tredimensionell fastighetsbildning används och bör resultera i lite högre ersättning. / The population of Stockholm has increased over the last few years and will continue to increase in the near future. In order to facilitate a continuing development of Stockholm the Metro will expand. The Metro expansion will run mostly underground and requires access to underground space. There are two different options to receive access either through three-dimensional property or easements. Depending on which method is used there are different consequences for the railway owner and the property owners.  The purpose of this thesis is to describe the reasons for using either ownership or easements and the consequences of the choice, the effect an underground tunnel has on the property value, and if there is a difference in the effect on property value depending on which method is utilized.    A qualitative study has been employed to answer the research questions. The research consisted of case studies and the interviews. Three cases have been studied; the cases are railway tunnels in Stockholm, Gothenburg and Malmö. Interviews have been held with the cadastral authorities in Stockholm, the Transportation administration, and a property evaluator specializing in infrastructure. The research concludes ownership is a more suitable for railways and makes the maintaining easier. However it can be considered more intrusive and thus the compensation received should be a little higher. The compensation values that Norell came up with are appropriate for the seized space.

Over the past several decades conservation easements have seen immense growth in their popularity. There are now over 40 million acres of easement land in the United States, up from only 1.4 million in 1998. A significant body of research exists on easements, factors that lead to their adoption, their consequences and effectiveness, and problems that arise from their use, among other topics. Our study contributes to this literature by exploring community and system-level effects on easement adoption, using Virginia as a case study, and applying a novel approach that incorporates spatial analysis and the insights of conservation professionals. The purpose of our research was to explore whether community-level factors affect easement adoption decisions, and what those factors are. Previously established variables were investigated to gauge their relationship to easement occurrence when scaled up to the community level, as well as to test our ability to make predictions about where easements should be most likely to occur. Spatial market segmentation data was also incorporated into this analysis to determine whether it could augment our understanding of community-level factors and predictive ability. Statistical models produced were reasonably predictive. However, we suspect that this was the case for different reasons at our community scale of analysis than at the individual landowner level examined in previous research. We used surveys and interviews with easement professionals to further explore additional variables that might explain adoption patterns. Results indicate the importance of system-level factors including change agents, opinion leaders, and local government and land-use planning. / Master of Science

Conservation in the nonprofit land trust community is primarily through fee-simple ownership or conservation easement with the management plan becoming more common. Data were obtained from the 2005 Land Trust Alliance National Land Trust Survey. Of 1,667 land trusts, 972 reported at least one fee-owned, and 946 reported at least one conservation easement property. The overall guiding hypothesis was that demographic variables affect the probability of having a management plan in place. Demographic variables included: 1) number of employees, 2) age of organizations, 3) size of protected areas, and 4) geographic region. In logistic regression for fee-owned properties, full-time employees increased the probability of having management plans, whereas, part-time employees decreased the probability, p=0.001 and p=0.004. For conservation easements, region was of significance. In general, logistic regression and Chi-square analysis indicated that land trusts with one or more employees have greater ability to carry out their conservation mission and that regions of the U.S. vary in likelihood of having management plans / Department of Natural Resources and Environmental Management