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Effect of amendments to the Civil Code on the real estate practice
Buchtová, Michaela ; Šmahel, Milan (referee) ; Klišová, Jana (advisor)
On 1 January 2014 the new Civil Code no. 89/2012 Coll., which affected many areas, came into force. This thesis deals with the changes that have an impact on real estate activities. To the change of the Civil Code no. 40/1964 Coll. an introduction of new Cadastral law no. 256/2013 Coll. is closely related. Influence of this Cadastral law on a real estate practice is also described in this work. The conclusion summary of this work is a mapping of changes and an assessment of the extent to which they affect a real estate practice.
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Value Determination of Properties Burdened with Easements
Fojtík, Zdeněk ; Cupal, Martin (referee) ; Sedláček, Jan (advisor)
The thesis deals with the determination of real estate value easements established in favour of constructions transport infrastructure. The aim is determination of real estate value in an current price and official price. In connection with the established easement it is substantiate the devaluation of the real estate related with the occurrence of the easement. In the first part the thesis I deal with the forensic engineering, real estate market, easements and with their valuation. In the project part there is concretely solved valuation of real estate loaded with the easement.
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Legislation and Valuation of Easements
Adámek, Tomáš ; Šmahel, Milan (referee) ; Sedláček, Jan (advisor)
My diploma thesis deals with the problems of easements put on buildings in the Czech Republic. The whole work is divided into the text part and the draft part. In the text part there are the common concepts going together with valuation in general, methods of the valuation. Next, there is a legislation of easements, methods and processes of easements and getting the value. Based on the knowledge gained in the text part, in the introduction of the draft part there is a valuation of the family house, including the whole equipment. On this family house there are three easements, including the easement of the free accommodation in one part of this house, the easement of the limitation of the construction activities, easement of the location of the mail box on the family house. The house and easements are valuated either for the taxes or for selling the building. At the end there is the final value of the building with easements, conclusion and recommendation for similar cases.
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A comparison of the normal value of infrastructure easement to the prices determined by the internal regulations of municipalities
Prokopová, Tereza ; Klika, Pavel (referee) ; Sedláček, Jan (advisor)
The thesis deals with the valuation of the servitude of the engineering network by normal price and based on the internal regulations of municipalities. The theoretical part focuses on the issues related to the easements, brief historical overview, structure, possibilities of the creation and termination, as well as the description and structure of the technical infrastructure with a focus on gas conduction. The last theoretical part contains of a description of the ways and methods of the valuation of the easements. In the practical part the actual valuation of the easements based on the internal regulations of municipalities and the own calculation of the normal price are carried out.
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Valuation of land loaded by easement
Nedůchalová, Ludmila ; Hlavinková, Vítězslava (referee) ; Sedláček, Jan (advisor)
This diploma thesis solves issue of the easements and their impact on evaluation of the land. Primary there are decribe basic topics of the isuue, further on legal procedure of the easements and the constituon, modification and termination. Next there is describe types of prises and evaluation of the land, easements and the lands with these easements. In the practical part there is evaluation of the specific land (with the market value and administrative price), which is loaded by easement of way over the land.
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Real rights written to the Cadastre
Nippert, Filip ; Šváb,, Tomáš (referee) ; Kutálek, Stanislav (advisor)
The thesis deals with real rights written to the cadastre. It is divided into ten chapters and starts with the definition of real rights and its historical development. Then, it disusses the cadastre as a public list. The thesis also deals with situations, where there is discordance between the real legal relationship and what is registred in the cadastre. The following chapters are devoted to the property rights including their mofications, the right of contruction, trust funds, the easement and lien. The thesis also discusses the cases when the property is used by another person and secondary agreements in the contract. It also contains simple plat maps concerning certain institutes mentioned in this thesis.
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Legal principle of superficies solo cedit and its significance in land law
Humenná, Katarína ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The topic of the diploma thesis is the legal principle superficies solo cedit and its return into the Czech law. The main aim of this thesis was to give a comprehensive view of this issue, especially how the return of the principle has changed land law relations. The first part of the thesis describe the division of the law to private law and public law. The first part is followed by the historical excursion which describes how the principle originated and how and whether it was part of the legal order in the past. The next chapters of the thesis are the main part of the work and describes the principle in todays law. Firstly the incorporation of the principle into the Civil Code is described and then individual paragraphs governing the principle follows. The definition of the basic terms as land, construction and temporary construction which are used by Civil Code but not described in it are the topic of next chapter. Next, relatively extensive chapter named line constructions describes exceptions to the principle. The basic definition of exceptions can be found in the Civil Code but more detailed regulation is contained in public acts, therefore private and public law is intertwined in this area. Easements to real estate, historical development of its legislation and today's legislation in this...
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Easement of housing cooperatives
Štybnarová, Linda ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This thesis deals with the easement pursuant to Section 28d of Act No. 42/1992 Coll. and individual institutes and issues related to this easement. The thesis should represent a comprehensive analysis of this legal institute, not only from the theoretical point of view, but also from the point of view of court practice, especially using theoretical interpretation, which is accompanied by case law. The issue of this easement is not given much attention in the current literature, although it is a contemporary and very complicated issue. The thesis is divided into three parts. The first part focuses on the general issues of housing construction and cooperative housing construction. Attention is paid in particular to the issues of cooperative complex housing construction, which involved the construction of extensions and additions on buildings and in buildings owned by third parties. A look at the history will give the reader a picture of the situation in which special cooperative housing construction occurred. The second part of the thesis deals with easements in the current legislation. Attention is paid in particular to servitudes, which in their content and nature correspond to the easement in question. The third part focuses in detail on easements under Section 28d of Act No. 42/1992 Coll. The reader is...
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