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Acquisition of a right in rem from an unauthorised person to a thing registered in a public register Abstract This diploma thesis deals with the topic of the acquisition of ownership right to a real property registered in the cadastre of immovables from an unauthorized person based on a legal conduct. This scope of research was determined within a broad assigned topic. The research task of this thesis consists of the analysis of the role and status of legal principles in the mentioned matter and relevant periods of time. The subject of the research is the legal regulation effective until 2014, under which there was no regulation of the acquisition of the ownership right to a real property from an unauthorized person in Czech legal order, as well as the time period after the great private law recodification came into effect in 2014. As a part of the great private law recodification, the new civil code came into effect introducing fully implemented principle of material publicity, thus the possibility of acquisition of ownership right to a real property from an unauthorized person was established by law. This diploma thesis is divided into five chapters. First three short chapters represent the necessary general introduction to the topic, containing the explanation of important terms, that are further used in...

The principle of maintaining the Cadastre of Real Estate in accordance with the actual status. Abstract This thesis, under the title The principle of maintaining the Cadastre of Real Estate in accordance with the actual status, deals with the influence of one of the fundamental rules of administration of the public register of real estate on the protection of its desired state. The sub- questions that are particularly addressed in the thesis are the reasons for the existence of situations in which this state is not fully achieved and the means available to remedy it. Based on the answers to these questions, the aim of the thesis is to evaluate the effectiveness of the instruments in which the requirement to apply the principle of keeping the cadastre in accordance with reality is manifested. In accordance with the above-mentioned structure of the issues, the thesis is divided into the corresponding chapters. The introductory chapter serves to define the essence of the cadastre as a public register, list the individual objects of registration and describe their main characteristics, and finally summarize the basic purpose of the establishment of the cadastre. The second chapter deals both with the principle of keeping the cadastre in accordance with the actual state and with other principles, the observance...

This diploma thesis focuses on the issue of revisions of real estate cadastre data. The beginning of the work is devoted to a brief summary of land records, from historical to contemporary. Furthermore, the work addresses the revision of real estate cadastre data in the area of Ratibořské Hory. The attention of the diploma thesis is paid mainly to the finding of inconsistencies in the geometric determination of bui-ldings. At the end of the work is a statistical evaluation of the data.

This work is dealt with a purchase of real estate concern. It is focused on the contracts which are concerned this problematic. This work explored why the cadastre of real estate is important, which laws the transfer of real estate are tied to and how the commitments are ensured or confirmed. A significant part of the work are taxes such as tax on real estate or value added tax which are connected to the purchase. To gain the data the questionnaires are used. The employees of the real estate agencies answered which strategy their agency are had or how many the real estates are sold during the year. The other questionnaires are filled by people who are either owners of the real estate or those who have experience with real estate agencies.

Records in the Land Register This diploma thesis deals with the institute of records in the Land Register, which, due to Act No. 89/2012 Coll., the Civil Code, underwent numerous changes that needed to be reflected in legal regulation of the Land Register. At the time of writing this thesis, it has already been 6 years since the recodification of the Civil Code and changes associated therewith. Thus, it is possible to evaluate the legal regulation of records in the Land Register in its whole complexity. The thesis is divided in five parts that analyse different aspects of this legal institute. The first part of the diploma thesis outlines the historical evolution of the evidence of real estate itself for better understanding of current legal regulation. The second part of the thesis is focused on current legal regulation of the Land Register, its essential principles of holding the Register and extracts from the Land Register providing information about the state of real estate. The third part deals with the subject of evidence, as not all real property is being registered in the Land Register. Regardless the general description, the contentious part of the issue based on legal regulation is being involved in the description of each real estate as well. The fourth part of the diploma thesis aims to...

This diploma thesis deals with the principle of superficies solo cedit, whose roots go back to Roman law. The principle, which can be translated as "the surface gives way to the ground", expresses the rule according to which the land includes everything that arises on it, whether in a natural or artificial way. In the history of the Czech lands, the principle was applied under the General Civil Code from 1811 until the adoption of the Civil Code of 1950. On the contrary, this Code applied the opposite principle and thus introduced separate ownership of land and buildings. The principle returned to our legal system with the adoption of Act No. 89/2012 Coll., The Civil Code. The aim of this thesis is to present the principle in a historical context, to give an explanation of its current form and to specify the problems that arose with the adoption of the principle of superficies. The diploma thesis is divided into four main chapters. The introductory part deals with the historical development of the principle. First, it provides an interpretation of Roman law, in which some important sources of Roman law are discussed. Within the interpretation of the legal history of the Czech lands, attention is focused mainly on the General Civil Code of 1811, which was the first to introduce the application of the...

The Functions of the Land Registry Abstract This diploma thesis deals with functions of the Czech Land Registry. After an introductory part describing the basic features of the Land Registry, individual approaches to its functions are debated. The following is an explanation of the recording, information, protective and intabulation function, which discusses the essence of each function and lists the institutes of effective legislation that are associated with these functions. In addition, shortcomings in effective legislation or inconsistencies of interpretation are mentioned, and, in some cases, a possible solution is formulated. The recording function consists in recording a certain set of data. First of all, the subject of registration is introduced, ie individual real estates that are registered in the Land Registry. The content of the Registry consists of specified data regarding real estates and regarding persons. The information function is related to the designation of the Land Registry as a public list and to the regulation of formal publicity. All forms of data provision are also presented. If the recorded data are reliable, complete and corresponding to the actual state, then the protective function is also fulfilled. Its enshrinement in the Civil Code and the regulation of material publicity...

This thesis is about problematics of easements stalling in the real property and about possible approaches to their evaluation. In the theoretical part the current legal regulation of the basic terms is explained first, then the division of easements and possible evaluation methods. In the practical part this knowledge is applied into the model examples of the evaluation of the utility networks servitude and the servitude of the usage, where the possible approaches are used depending on the purpose of the evaluation and the type of servitude.

Superficies solo cedit The topic of the presented diploma thesis is the principle of superficies viewed from its historic development and its place in current law. The principle stipulates that whatever is found on a land or has arisen from it, becomes parts of it. The superficies principle has been in employment since ancient Rome and has been reintroduced in our legal system after the recodification of private law in 2012 The thesis begins with the historical development of the superficies principle not only in Roman law, but also in the Czech lands, especially with its 1811 AD codification in AGBG. The historical development is followed by a brief description of the departure from the superficies principle following political and societal changes in post-war Czechoslovakia. The denial of the superfecie solo cedit principle survived until the recodification of private law in 2012 by act n. 89/2012 Sb, of civil code. The core part of the thesis analyzes the superficies principle in the Civil Code and related statutory instruments, especially those regulating the cadastre problematics, as this area is most impacted by the principle of superficies. Based on a theoretical explanation of the superficies principle, the thesis presents some practical impact of its application on the cadastre and its...

The theme of the thesis is the treatment of the analysis of the land market in the Bechyně town. The point is to evaluate the chosen territory and to determine the average price of the given kinds of land. The thesis is divided into two major parts. The first part is literary research which is mainly dedicated to explaining of the basic concepts of valuation, factors influencing the price of the land, methods of valuation and explaining of the analysis of the market and its individual steps. The second part is the practical one which is dealing with the description of the locality from the economical and commercial point of view, further on with the analysis of the supply of the land market and determination of the prices of the given kinds of land. In the conclusion there is a comparison of my final prices of the land with the publicly accessible supply prices.

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...

LAND SERVITUDES AND THEIR RECORDING IN THE LAND REGISTER - ABSTRACT The diploma thesis focuses on land servitudes, a type of property rights that bears the utmost importance. The essence of land servitudes is an obligation of an owner of land to ab- stain from doing something or to tolerate certain activities performed by an owner of other land. Land servitudes are an ancient legal institute dating as far back as the law of Ancient Rome. The essence of the institute has remained the same, but the legislation has undergone several changes over the centuries. Individual aspects of this legal institute are examined in the thesis, starting with the cre- ation of land servitudes, leading on to their content and ending with their extinction. The clas- sification of servitudes as rights in rem is taken into account and the legal consequences of this placements are deduced. Attention is primarily paid to the content and scope of servitudes, to individual means of acquiring a servitude and their creation, to legal relations arising from ser- vitudes, to the protection of servitudes and to the extinction of servitudes. A significant part of the thesis deals with particular types of land servitudes listed by the Civil Code. The subject of land servitudes is completed by the issue of recording land servitudes in the...

Článek uvádí možnosti využití webových stránek Českého úřadu zeměměřického a katastrálního, které se v posledních letech stávají důležitým online zdrojem při vyhledávání podkladů nejen při zpracování znaleckých posudků. Tento článek byl publikován na XXVII. Mezinárodní vědecké konferenci soudního inženýrství ExFoS 2018, 1. – 2. 2. 2018. The article presents the possibilities of using the website of the Czech Office of Land and Cadastre, that are an important online source for searching documents not only for preparation of expert opinions. The article was published at XXVII. International Scientific Conference on Forensic Engineering ExFoS 2018, 1–2 February 2018.

Cílem příspěvku z oblasti katastru nemovitostí je nejen shrnutí nových možností k získávání dostupných informací z katastru užitečných při oceňování nemovitostí, ale i seznámení účastníků s novými významnými úkoly katastrálních úřadů za účelem zkvalitnění údajů katastru nemovitostí tak, jak vyplývají z příslušných ustanovení katastrálního zákona. Bude se jednat zejména o činnosti související s revizemi a další etapou obnovy katastrálního operátu The aim of the contribution from the field of real estate kadastre is not only a summary of new possibilities for obtaining available information from the cadastre useful in real estate appraisal but also the acquaintance of the participants with the new important tasks of the cadastral offices in order to improve the cadastre data as they result from the relevant provisions of the cadastral law. This will include, in particular, the activities related to the revisions and the next stage of the cadastral project renewal.

The topic of this thesis is the return of the legal principle of superficies solo cedit into the Czech legal order. The thesis aims at the comprehensive overview and the analysis of the issue of this principle based on its inclusion both in the historical and contemporary context. Another objective of this thesis is to look at the registration of the principle, including related institutes, into the public register - the cadastre of real estates. This thesis is divided into three parts. The first part of this thesis follows the development of the superficial principle across the history, including the comparison of its use in given legal orders. This section begins with a glance at Roman private law and its selected institutes which have been incorporated into modern Czech private law by the reception of Roman law. The room will be also given to the law of the Habsburg monarchy and the provisions of the ABGB, civil code that has been valid on our territory until the 1950. The last chapters of this part are devoted to land law in the socialist Czechoslovakia and, in particular, to the 1964 Civil Code. The following section is the core chapter of this thesis. It aims to offer a comprehensive view of the re-establishment of the superficial principle in the context of not only the 2012 Civil Code...

The aim of the master's thesis is to describe the map products of the State Administration of Land Surveying and Cadastre and their applicability in planning the Land consolidation. This master's thesis consists of two parts. In literary research are explained basic terms and describe all the map series, administered by the State Administration of Land Surveying and Cadastre. There are described contents and possibilities of using individual maps, including their availability. In practical part of master's thesis are describes the maps used in the Land consolidation from different viewpoints.

The Cadastre of Real estate has relied on a principle of formal publicity for a long time since the Cadastre integrates functions of both land registry and land cadastre. According to some authors, unfettered access to information in the Cadastre is the only possible way to meet its purpose. Such idea is in a violation of a right to privacy and personal data protection that were accepted as fundamental human rights, therefore I am convinced that there exists a necessity to find an equity between the value of privacy and the principle of formal publicity. The diploma thesis deals with contemporary legislation of Cadastre's publicity as well as its prior regulation. Every single important amendment concerning publicity is followed by a comment where I try to criticize it objectively with regard to the personal data protection. The first part of the thesis consists of a description of what a cadastre is and what the word means, history of land registry and land cadastres in the context of predecessors of the Czech Republic and finally the Cadastre of Real estate of the Czech Republic. There is a short section categorizing the principle of formal publicity among other principles applied to the Cadastre at the end of the part as well. The second part explains in general the value of privacy along with...

This thesis deals with the demarcation of cadastre of real estate, its principles, organs and cadastral management. The thesis is focused on the deposit procedure on the permit for proposal of the deposit. At the end of the thesis are the changes in the legal regulation in the area of real estate cadastre are evaluated.

The diploma thesis deals with the entry record to the Land Register of the Czech Republic. The adoption of the Act no. 89/2012 Coll., Civil Code and the Act no. 256/2013 Coll., On the Land Register, caused extended changes in the real estate register and cadastral legislation. This changes had a significant influence on some legal concepts relevant for this field of law. The diploma thesis in divided into four parts. The first part is used for the acquisition of basic knowledge on the issue of Land Register, with emphasis on principals that control the operation of the Lend Registry and making entries in it. The second part provides a thorough analysis of the current form of the institute of entry record and registration procedure with regard to previous legislation. The third section is devoted to examining of the German legislation, registration of real estate with an emphasis on the Land Registry, cadastral principles and registration of rights in the Land Register. Content of the last part of the thesis is the comparison of Czech and German legislation, focusing on selected issues and institutes. Powered by TCPDF (www.tcpdf.org)

Příspěvek je zaměřen na problematiku možného vytvoření databáze pro stanovení tržní hodnoty pozemků cenovým porovnáním. V příspěvku se autoři zaměřili na vybrané otázky související se stanovováním tržní hodnoty pozemků. Jsou vymezeny základní vlastnosti pozemků, na kterých závisí správná volba porovnatelného pozemku pro ocenění. Za vlastnosti pozemků, které tvoří základ pro zvolenou metodu oceňování tržní hodnoty pozemků, můžeme označit nejenom druh pozemku uvedený v katastru nemovitostí, ale i zařazení pozemku územním plánem pro jeho využití. Není opomenuta problematika otázek souvisejících s evidencí druhu pozemku v katastru nemovitostí, změny druhu pozemku, způsoby evidence těchto změn a otázky územního plánování. Podrobně je rozebrána problematika jednotkových cen srovnávaných pozemků, zejména odchylky ve výši jednotkové ceny realizovaných prodejů pozemku. V příspěvku je uveden příklad tvorby databáze pro vybrané druhy pozemku. Na příkladu jsou ukázány reálné problémy vznikající při stanovování tržních hodnot konkrétních pozemků porovnávacím způsobem. The talk will be focused on the subject matter of possible creation of a database for determining market value of land using price comparison. The authors will focus upon selected questions regarding determining market value of land. They will define basic properties of land pieces, which are essential for the right choice of another comparable piece of land for valuation. The properties that are essential for selecting the method of valuation of market value of land are not only the kind of land stated in the land cadastre but also the classification of the land within the territorial plan due to its use. They will also talk about the subject matter linked with recording the kind of land within the land cadastre, changes in the kind of land, ways of recording the changes and questions regarding territorial planning. The authors will speak in detail about the subject matter of unit prices of the compared pieces of land, especially regarding the deviations in the sum of unit price in the implemented sales of land. The talk will include an example of creating a database for selected pieces of land. The example will serve for illustrating all the real problems arising when determining market value of concrete pieces of land using the comparison method.

Dvořáková, S. Management with the Land Register. Bachelor thesis. Brno: Mendel University, 2016. This bachelor thesis deals with management with the Land Registry. There is described the historical development of the cadaster, basic concepts, subject and content of the cadaster. Then there are given examples of other offices, which are active in the department of geodesy and the Land Registry. Furthermore there are stated principles that are asserted in conduct of the Cadaster. Special attention is devoted to principle of material publicity. Later there is definition of law-enrolment into the land register and the process of deposit management. As a part of this thesis the process of deposit management is shown on a practical example. This thesis also contains sugestions for participants in legal practice.

The bachelor thesis is called the use of specialized farm management information systems for the field records in an agricultural enterprise. The aim of the study is to describe the specifications of the land register the use of Land Parcel Information System (LPIS) the cadastral registry in agriculture and the list of available software applications for farmers. The first theoretical part is focused on the origins, main principles and the function of LPIS, Land registry and available aplications for farmers. The second part describes the steps of keeping records of the land register with the help of the programme providing by AG info s.r.o. company from Jičín. The last part is devoted to the examples of CETA s.r.o work which is important for people using the data and especially for the company management for the better view of the land in a company.

Due to great importance of real estate for each single economics the leadership and administration of the Real Estate Cadastre (Cadastre) was entrusted to the state, i. e. to particular government bodies, in the Czech Republic. This public list is so subject to public inspection all the time. Registered and provided details must be of highest quality, proceedings should be as quick as possible and this list should also provide the highest protection of those details. That is why the author decided to pay attention to the role of state in the evidence and dispose of real estate. This thesis focuses so on conclusion and further specification of the most important administrative proceedings in the field of Cadastre. The author wants to clarify their process and focuses mainly on their deviations from Administrative Procedure Code as well as on the changes that the Act Nr. 256/2013 Coll., on the Cadastre of Real Estate (Cadastral Act) has brought till 1. 1. 2014. That is why the author captures more types of proceedings in his thesis which can be encountered on the section of Cadastre to show that there really exist more types of proceedings and otherwise that not all of them can be identified as an administrative proceeding. That is why the thesis includes the comparison of those types of proceedings...

This diploma thesis deals with the recording rights and other data in the Land Register. This thesis looks at the history and the principles of the Cadastre. Every way of entering in the Land Register is analyzed in the thesis, the text points out changes made due to re-codification of private law. The attention is paid to the entry of legal relations and recording procedure.

Bachelor thesis is focused on the use of agricultural land resources in the selected cadastral area. My bachelor thesis devoted to analysis of the historical development of agricultural land. I concentrated on the period of time beginning in 1958 and ending with the present. The thesis is divided into two larger units. In the first part of thesis is processed characteristics land and land resources and the development of Czech agriculture. The second part is devoted to the cadastral territory Sudkov. We find here the characteristics of the selected area and the historical development of specific plots in the cadastral Sudkov. Ownership of land development is described from the land books to the actual cadastral register. The main purpose of this thesis is analyse the development assessment and utilization of land resources in the cadastral area Sudkov.

Following re-codification of private law in 2014 ownership right entries in cadastral register have changed substantially. New ways of ownership establishment have been enacted (rebuilt, alluvium, ravine...), certain unused private law principles have been renewed (for example the superficial principle) and principles of land registry functioning have been laid down. Also the system of land register entries has been changed by abandoning the two methods of ownership right entry according to the type of acquisition (by record or by entry). These substantial changes however often lack support in land registry regulations which makes land register entries problematic. Other institutes (such as the material publicity principle) have been restricted to the extent of suppression of their very essence. Powered by TCPDF (www.tcpdf.org)

Contrast law about a building right according to new civil code and law No. 344/1992 Sb., about real estate register Czech republic (cadastral law), in valid wording, with building right according to No. 114 empire code from of the day 11. June 1912. Porovnání ustanovení o právu stavby dle nového občanského zákoníku a zákona č. 344/1992 Sb., o katastru nemovitostí České republiky (katastrální zákon), v platném znění, s právem stavby dle č. 114 říš. zákoníka ze dne 11. června 1912.

This thesis deals with measuring and processing data for creating a geodetic plan. Geodetic plan is a tool for completing changes in a cadastral map and in an estate cadastre. This method keeps the cadastral map and the estate cadastre actual. The very first part of this thesis deals with the theory about the geodetic plan (basic concepts, requisites, history, purpose...). The second part shows a process of creating a real geodetic plan from the cadastral area Plavsko. Geodetical software Groma was used for calculating data and CAD software Microstation was used for completing graphic part of this work.

The Land Registry is one of the largest information systems with extraordinary requirements on the accuracy and reliability of the data in it. The seeking and repairing the incorrect data in Land Registry is the up-to-date charge aimed to improve the status of the land registry data and in this way strengthen the sureness and confidence of the owners related to the Land Registry. In my work is described the process how to solve erroneous data in the Land Registry. This effort has the aim to keep the Land Registry in conformity to all laws, documents and other data, which were put to the Land Registry to keep it up-to-date. The situation in terrain, in reality is obliged to be in perfect correspondence with the one registrated in Land Register, too.

This diploma thesis deals with the land registry. The purpose of my thesis is to compare old and new legislation relates to Cadastre of Real Estate. The reason for my research is that the new legislation came up with signicifant changes. At the beggining of my thesis you can find introduction. Introduction presents aims of my thesis and also structure. The thesis is composed of seven chapters. Chapter one concentrates on history of land registry. This chapter is subdivided into five parts. In each part is described one of important historical periods related to real estate record. Chapter two examines relevant Czech legislation of cadastral law. It briefly describes effective laws and ordinances. Chapter three deals with fundamental information about Cadastre of Real Estate. This chapter consists of three parts. Part one focuses on basic terms and their definition. Part two describes objects, which are kept recorded. Part three containts information about content of land registry. Chapter four is an analysis of registration into the Cadastre of Real Estate according to past legislation. This chapter provides an outline of relevant Czech case law. Part one describes Entry. Part two is about Record. Part three characterises Note. Chapter five analyzes registration into the Cadastre of Real Estate according to...

The theme of this thesis is "Writing papers in the real estate from the perspective of the new Civil Code." The work focuses on what changes occurred in 2014, when he entered the effectiveness of the new cadastral law, land ordinance and the new Civil Code. The first chapter deals with the cadastre and points to the new changes that brought the 2014 big benefits. The second and third chapter focuses on the deposit and record. At the end of this thesis is a summary of where I suggest improvements to the existing law.

This thesis Analysis of selected cartographic work deals with the analysis of the state map work, that is cadastral map. The work represents the past and the historical development of this work until today, as produced in the present, its classification, description, forms and applications, what function it performs and accessibility to data, which we can determine from it. The main part is devoted to describing the content itself cadastral map in terms of geodetic and cartographic foundations.

Příspěvek se zabývá způsobem výpočtu podlahových ploch staveb a zastavěných ploch staveb dle právních a technických předpisů, a to jak zákonů, vyhlášek a norem českých, tak pro srovnání i zahraničních. The article includes the method for the calculating of the floor areas and level areas by legal and technical regulations. The article deals with law, regulations and standards – in the Czech Republic and abroad.

This thesis is focused on the topic of valuing properties. The aim is to introduce basic terms, their definition and a particular valuing of a land. This dissertation is divided into two main parts. First part is theoretical where main information and methods of valuing are specified. Practical part focuses on the analysis of the value of a land which differs depending on the chosen method. The conclusion contains a summary of the thesis.

This bachelor thesis deals with clarification of the land register function, especially according the new law forms, that came into force on 1 January 2014. In particular -- law no. 256/2013 Sb., land register, regulations 357,358 and 359/2013 Sb., which adjust function of the land register, providing data upload and sample form and Civil code no. 89/2012 Sb. And also current law 359/1992 Sb., about geodetical and cadastral organs. In addition a new law 90/2012 Sb., have came into effect this year. It deals with bussiness corporations, which adjust conditions for admission of property as a substantive contribution to the company registered capital. This issue is analyzed in the second part of the thesis, together with practical steps of depositioning property into a equity capital in a case when a new company emerges and also depositioning into a already existing company.

Contrast law about a building right according to new civil code and law No. 344/1992 Sb., about real estate register Czech republic (cadastral law), in valid wording, with building right according to No. 114 empire. code from of the day 11.June 1912. Porovnání ustanovení o právu stavby dle nového občanského zákoníku a zákona č. 344/1992 Sb., o katastru nemovitostí České republiky (katastrální zákon), v platném znění, s právem stavby dle č. 114 říš. zákoníka ze dne 11.června 1912.

This bachelor thesis deals with land register and its importance for dealing with properties and explains basic terms connected with this topic. One part of this work describes the new legislation and considers its impacts.

The topic of the thesis is the documentation required in the valuation of real estate, their sources and the process of acquisition. The aim of this work is a list of information that are needed for the valuation of real estate. The thesis is focused on the availability and the difficulty of finding resources. The work is divided into two parts (literature search and practical). Literature search includes basic definitions relating to real estate valuation, explain the concepts of value and price, reasons and methods of valuation, conduct of investigations. The practical part is focused on the valuation of the apartment at the price established pursuant to Decree 441/2013 Coll. and by direct comparison. Awards flat was done through the Delta-NEM.