Origins of Separated Ownership and Possible Solutions for Unifying Thereof
DOI:
https://doi.org/10.22364/jull.12.10Keywords:
separated ownership, restitution, compulsory land lease, unification of ownership, a buyout, community of apartment owners, property right, restriction on property right, land reformAbstract
The article focuses on the issues of separated ownership of properties and compulsory land lease in the cities of the Republic of Latvia. Separation of ownership was a result of land reform, whereby land and buildings on it have different owners. The first part of the article examines the historical circumstances, in which separated ownership of properties and compulsory land lease originated and reveals why the legal relationships between landowners and building owners are regulated as lease agreements. Further on, the article analyses three possible ways (models) of unification of separation ownership of properties. While focusing on analysis of these models, the main unresolved issues concerning collection of land lease payments are outlined. Among these are the legal status of the community of apartment owners and representation of apartment owners in court proceedings.
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