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A paradigm in circular economy (CE) is that suppliers retain ownership of their products and materials, and that the users “only” pay for services. In many legal systems, however, elements incorporated in a building are considered to be fixtures, and therefore legally part of the building. This means that ensuring multi-cyclic behaviour of individual building elements (e.g. the facade or a window) is not so evident. This paper explores, from the perspective of Dutch law, how to secure the ownership of the supplier or to find alternatives within the existing system of property law.

The authors performed a literature review of both CE and (Dutch) property law. The results of these reviews are discussed and illustrated by legal case studies.

The options principally advocated within CE to retain ownership of building parts leave legal uncertainties and do not offer a solid basis for the development of circular business models, especially considering immovables and fixtures. For these categories, buy-back and take-back contracts, and models for reuse and recycling seem more promising.

The research is limited to a literature review. Although the legal principles discussed in this paper are valid for both civil and common law systems, and similar findings might, therefore, be expected internationally, this study focused on the specific Dutch legal context. Comparative legal research and research of best practices in the building industry is needed to test the applicability of the findings in an international context.

Following the findings, CE initiatives within real estate and the construction industry should focus on alternative implementations of the operational lease concept, taking into account CE’s ambitions to reduce the extraction of raw materials.

At the moment the challenges that property law poses CE, real estate and operational lease are hardly discussed within the literature. This paper explores this gap.

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This paper evaluates on a comparative basis three different property tax systems, British, French and Swedish. For this purpose an evaluation model, based on two criteria – namely efficiency and fairness – and on a number of sub‐criteria, is used. A comparison of the systems’ efficiency reveals that the French system is the least efficient while the Swedish system is the most efficient. A comparison of the systems’ fairness shows that, despite significant variations in the systems characteristics, all three systems can be evaluated as relatively fair.

Blockchain, which was originally created to enable peer-to-peer digital payment systems (bitcoin), is considered to have several benefits for different sectors, such as the real estate one. In a standard European-wide real estate transaction, several intermediaries are involved. As a consequence, these agreements are usually time-consuming and involve extra difficulties to cross-border operations. As blockchain, combined with smart contracts, may have an important role in these transactions, this paper aims to explore its prospective challenges, limitations and opportunities in the real estate sector and discover how the traditional intermediaries have to face a possible implementation of this technology.

This paper analyses the current intermediaries in the real estate sector in European Union (EU), their functions and how can blockchain strengthen the security of these transactions while reducing their time. The author uses a legal methodology to approach it.

Blockchain, combined with smart contracts, has both challenges and opportunities for the real estate sector. On the one hand, it may improve procedures, allow EU transactions and the interconnection between public administration. However, to not reduce parties rights, this blockchain should have some special features, such as the possibility of being amended.

This paper provides a valuable overview of all the intermediaries that could be affected by blockchain protocols. It is of interest of blockchain developers, public administrations and researchers who are working on blockchain and property conveyancing.

The purpose of this paper is to provide a theoretical framework for the subsequent analysis of the European Union internal market's concept of transparency in residential real estate transactions. Specifically, it seeks to identify the essential factors that should be addressed within any such analysis.

The study is based on a review of the literature on the general concept of transparency, and on other related aspects.

Based on this study, five dimensions of transparency are identified, namely transparency in transaction procedure, legal information, financing, taxation and transaction costs. The essential points are that an increase in cross‐border transactions increases demand for easy access to information held in other countries. The studied literature focuses on the coordination of legal systems, making systems more uniform and legally secured, and on broadening of the mortgage market. The study highlights the complexities involved in achieving transparency, as well as the length of time that this will take to achieve in practice.

The paper identifies different dimensions of transparency in residential real estate transactions. There is little prior research in the area which focuses specifically on residential transactions. The study therefore draws upon work in other areas, including financial markets and taxation, and places this within a residential housing context.

The purpose of this paper is too analyze what causes judicial decisions about access impairment in American eminent domain and police power cases to be based on subjective interpretations instead of objective factual evidence about the spatio‐material conditions of access.

Following a review of commentary on decision making and language in legal contexts, contemporary rhetorical analysis combined with discourse analysis are employed to illuminate inconsistencies of legal terminologies with respect to access.

The analysis finds that legal terminology of access takings sustains cognitive indeterminacies and prevents the use of standard quantitative approaches to measurement.

The implications of this research are that access conditions need to be considered in the context of transaction costs based on an underlying ontology of access phenomena.

This paper calls for changing legal policy so that objective measures of access can be used to evaluate impairment.

This is the first paper to analyze underlying problems in access takings and sets the stage for a more objective and scientific approach to a long unresolved problem involving property takings.

This paper aims to present the merits of cross‐national comparative research as a method for pushing the frontier of knowledge about planning laws. Since in every country there is usually some dissatisfaction with its present planning laws or certain aspects of them, cross‐national research can open an arena of alternatives based on real‐life experiences. To demonstrate this argument the paper focuses on a shared dilemma – how should the law handle the negative effects of some planning decisions on land values. This case is used to demonstrate both the comparative method and the usefulness of comparative findings. The conclusions point out the opportunities for cross‐learning.

The overall argument about the comparative research draws on the author's extensive experience in conducting cross‐national research on a variety of issues in planning laws. The research on compensation rights reported here draws on the author's recent book which analyses the laws and practices in 13 countries. To ensure a “common platform” for comparison, the author developed a method based on a set of factual scenarios and a shared framework of topics. A team of country‐based researchers conducted the legal analysis, and the team leader conducted the comparative analysis.

The 13‐country analysis shows that there is a great variety of approaches to compensation rights around the world and a broad range of degrees, from no compensation at all to extensive compensation rights. There is no “consensual approach”. The search for similarities based on region in the world, legal family, cultural background, density or demography, shows that the differences cannot be “explained” on the basis of these variables. The degree of political controversy on this issue also varies greatly. The breadth of laws and practices offer a range of alternative models to enrich local debates.

Any comparative research on a new topic is bound to be exploratory. There are not yet any established theories in planning law (or in comparative research) from which hypotheses can be derived and tested. However, the large sample of countries, covering 40 per cent of the OECD countries (at the time), and the careful shared method have likely produced reliable findings.

Most of the comparative research that the author has conducted over the years charted new grounds in both its topics and its comparative breadth. The paper reports in brief on cross‐national comparative research on compensation rights. The full research, on which this paper draws (published as a book in 2010), is the first to look at this specific issue globally with a large 13‐country sample of OECD countries.

The 11th September terrorist attacks on America continue to affect the corporate real estate industry, and this paper is intended to address a number of those ongoing effects. It first discusses property insurance coverage in general and then proceeds to analyse whether damage from acts of terrorism is covered under pre‐11th September and post‐11th September property insurance polices. It also addresses the current status of proposed US Government intervention as a terrorism insurance backstop. It then describes the strategies which certain clients located within the areas directly affected by the terrorist attacks implemented in order to be able to gain immediate access to alternative space. Finally it examines selected lease clauses to which landlords and tenants should pay closer attention in light of the terrorist attacks, including operating expense provisions, force majeure provisions, waiver of subrogation provisions, use prohibitions and alteration provisions.

The purpose of this paper is to establish the relevance of the real estate curricula being offered by the two universities in Botswana to industry.

This is a cross-sectional study in which a designed questionnaire was administered to the practitioners in real estate obtained from the membership list of the Real Estate Institute of Botswana (REIB), final-year students and former graduates of the Bachelor of Land Management programme using proportionate stratified random sampling technique. This resulted into the total population of 150 elements. Students for the Bachelor of Commerce in Real Estate (BCom RE) at Ba Isago and BSc Real Estate programme at the University of Botswana were excluded from the population because they did not have graduate degrees yet; therefore the study sample was drawn from the identified population at 90 per cent confidence level with a 10 per cent margin of error. The sampling frame composed of 122 registered property valuers and managers, 14 alumni and 14 final-year students of Land Management (150). The sample size of 60 was determined at 90 per cent level of confidence with a 10 per cent margin of error. The questionnaire was administered through e-mail using a contact list from the REIB to their members. It was also e-mailed to the alumni and physically administered to the final-year students as well. A 60 per cent response rate was achieved.

It was established that the three programmes offered at the two universities in their current form are relevant to the industry. The overall average scores out of 5 for these programmes were 4.14 for BSc Real Estate – UB, 4.10 for Bachelor Land Management – UB and 3.97 for BCom RE – Ba Isago University College. By using analysis of variance, the study further established that there were no significant differences between the two programmes that are offered at UB and the one at Ba Isago University College. This was established by looking at the computed F-test (0.89) and the critical F-test (2.36). Since the computed F-test was less than the critical F-test value, it was concluded that there is no significant statistical differences among the three programmes being offered in the two universities.

The major limitation in this study was the use of an e-mailed questionnaire to the property practitioners and alumni of the Land Management programme which is characterised by a low response rate.

Since the three overall mean scores are close to and above 4.00, it means the current programmes offered at the two universities are relevant to the industry.

The research results might be useful to the society and should be used to enhance the social uplifting of society by contributing to the decisions that are made which might affect the society as a whole.

This is the first study to be conducted in Botswana which was meant to establish if the real estate programmes offered in the two universities were relevant. It is the first study to compare and evaluate the relevance of the contents of three real estate programmes locally.