Letter from the Editors

[Excerpt] The Editorial Team is proud to release this 2016 14th Annual Volume of the Cornell Real Estate Review. This year’s issue explores a wide range of topics, including the deployment of new technologies in multifamily properties, the effects of autonomous vehicles on real estate, and the continued ramifications of the housing crisis through the legal tactics of certain mortgage lenders. Also included, a recent repositioning project– the unique turnaround of a former casino hotel property in Reno, Nevada. Furthermore, this release includes a discussion of value-added multifamily investment strategy, an analysis of the impact of rapid transit on the residential market in Hudson County, New Jersey, and a summary of federal affordable housing incentive programs in the United States. This year’s Pathways features an interview with Toll Brothers Division President Karl Mistry (Baker ’04), and the Baker Viewpoint piece explores the concept of curtailment mortgages.

Baker Program's Inaugural International Trip to Vancouver

[Excerpt] In March 2016, second-year students in the Baker Program in Real Estate embarked on a trip to Vancouver, British Columbia to meet with the people and companies that have played a role in shaping Vancouver into the celebrated international city it is today. Starting with a bold plan begun in the 1980s to connect the city to its waterfront, Vancouver has spent the following decades on a transformation spree that is the envy of urbanists the world over. Throughout a five-day itinerary, students visited the projects and neighborhoods that epitomize this transformation.

Outorga onerosa do direito de construir e dinâmica do mercado imobiliário formal: planejamento e descaminhos na expansão urbana de Parnamirim RN (2008-2010)

The `Outorga Onerosa do Direito de Construir - OODC` (Public Concession of Building Rights), instrument instituted by The City Statute in 2001, has as main objective the recovery of urban property, seeking for a fair distribution the urbanization benefits. The possibility of usage of the OODC instrument is linked to the maximum utilization coefficient, determined to specific areas in accordance to existing infrastructure conditions, further taking into account the formal real estate market, expansion axis and crowding. Being an instrument which establishes values to be paid for a better use of land, it maintains a narrow relation to the real estate, incentivizing or discouraging the crowding in specific areas. The present study investigates the relationship between the criteria for the making of the Public Concession of Building Rights instrument and the dynamics of the formal real estate market. It takes as empiric universe Parnamirim (RN), part of the Natal Metropolitan Area (RN), focusing on the application of the OODC in the period of 2008-2010. It seeks to better understand the necessary basis for the formulation of the instrument, about how it works and its relation to the formal real estate market. It aims to depict the formal real estate market by presenting the production of urban space in Parnamirim in terms of intensity and nature of the real estate, furthermore identifying the licensed properties through the application of the municipality instrument. For the conclusion, it is discussed the criteria for the formation of OODC, its relationship to the dynamics of the formal real estate market and its influencing possibilities in the processes of usage and occupation of land in the context of urban planning

Natal qual é a sua cara?: análise do perfil edilício da avenida Eng. Roberto Freire (Natal/RN) à luz da acessibilidade

This study focuses on the building ensemble of Avenida Roberto Freire, a main road in Natal, Brazil, as a material expression of the confluence of various factors among which the following may be emphasized: high level of accessibility due to urban spatial re-structuring and the growth of the real estate market, in view of the increasing number of consumers, who arrived in Natal within the last decades. The intense urban modification process that has been going on in Natal since at least the 1980s, has engendered the formation of long axial lines which express the expansion dynamics and some of the forces subjacent to it. Avenida Roberto Freire has been an iconic example of an urban thoroughfare where architecture becomes primarily a communication support that can be perceived by fast moving passers-by, what brings it close to the venturian concept of strip (Venturi at al, 1972). The building types that line the road not only respond to the dynamics in process but also contribute to intensify it, as they house a variety of uses which attract people and generate more movement. The dynamics is further strengthened by the action of the real estate business which benefits from the increase of highly accessible locations, and from the private and public investments and incentives to tourism that aim to insert this city into the globalized world. Although the intention of reconstituting part of the history of density increase on this avenue in a diachronical perspective was attempted within the limits of the available references and documentation, the central contribution of this study is to understand the relations between topological accessibility and the typological nature of the building ensemble. By observing the synchronic morphological frame resulting from the spatial configuration analysis pertinent to this avenue (cf. Hillier and Hanson,1984) and the inventory and classification of the building ensemble there existing, this study aims to understand how architecture responds to accessibility in view of the real estate pressure, boosted by a cosmopolitanizing process brought about by the continuous flow of foreign and Brazilian arrivals as visitors, temporary or permanent residents

Transmission Easement and Adverse Possession of Transmission Easement in the Polish Law

The object of analysis in the text are the issues concerned with the transmission easement and the adverse possession thereof on the grounds of the Polish law. The text features: (1) a historical outline of the solutions concerned with easements in the Polish law following 1945, (2) the institution of transmission easement introduced in 2008 and the solutions concerned with the claims for the establishment thereof at court, (3) the institution of adverse possession of transmission easement pursuant to civil law regulations, judicature and the legal doctrine. On account of the need to elaborate the wide-ranging legal issues concerned with the transmission easement in this text, the analysis embraces two research questions giving rise to the following conclusions: (1) What function is performed by the institution of transmission easement in the system of civil-law relations in the Polish law? The legislator in the articles introducing a transmission easement ossified the solutions functioning in the judicature of the Polish courts before 2008. The legal interpretation took a turn for clarification, that is for the establishment of a norm in the situation where its comprehension was dubious. It is noteworthy that in the period prior to 2008, the law provided for easement appurtenant, and on account of the usual course of judicial decisions also for easement appurtenant with the content corresponding to transmission easement. In 2008 these two “legal existences” were supplemented with a transmission easement, which nevertheless failed to resolve all the legal problems; nay, this gave rise to even more problems, e.g. the one of non-establishment of interpolar norms which would address the issues arising in connection with the use of various easement institutions in legal transactions. While amending the civil law, the legislator aimed to bring order to legal transactions by streamlining the unregulated actual state of easement in relation to transmission infrastructure, but also in relation to the situations where an easement was yet to be established and a facility yet to be constructed. Thus, such action is intended to regulate the disorderly legislation in force as well as to safeguard investment processes. This is of particular significance, for example, for energy companies which are burdened with statutory public-law obligations as regards securing energy supplies and providing for the development of energy infrastructure. Hence, the de facto introduced civil-law solutions indirectly served to realise the principles of the doctrine of easement in the public interest. (2) What legal problems in the civil-law relations does the application of the institution of transmission easement by adverse possession entail? On account of the functioning of various institutions of easement, that is (1) an easement appurtenant, (2) an easement appurtenant with the content corresponding to a transmission easement, and as of 2008 (3) a transmission easement, a problem arose as to which of the given easements companies exercised in particular periods, all the more so because before 1989 the State Treasury owned them and many of the transmission facilities were put in place by virtue of administrative decisions. The commonly held belief is that in the period of “society-oriented economy” as well as up to 2008 infrastructure companies could exercise an easement appurtenant which corresponded to the content of a transmission easement. Therefore, in such a case the running of the prescriptive period should allow for the general rules laid down for an easement appurtenant. Apart from the problem of the relation of a capacity to exercise a right to property and the free development of civil-law relations before 1989, the recognition of the running of prescriptive periods – given the functioning of the three various easements as legal institutions – became a significant legal problem. By way of illustration, the recognition – against the period of exercising transmission easement – of the period required for the acquisition thereof by adverse possession, whereby before 3 August 2008 the real estate featured the legal state corresponding to the content of this right, is debatable. One cannot recognise that within that period a transmission easement was exercised, because such a right was not in existence as yet. Therefore, the institution that might be employed is the running of the period as regards the adverse possession in relation to an easement appurtenant with the content of a transmission easement. Still, the problem remains as to whether the period of the exercise of the easement appurtenant with the content corresponding to a transmission easement can be recognised against the period of possession required for the adverse possession of a transmission easement pursuant to the regulations introduced in 2008. One might incline to the position whereby in such a case it would be right to fully recognise – against the period of exercising a transmission easement – the period of exercising an easement appurtenant corresponding thereto in respect of its content. That being so, the adverse possession of a transmission easement might ensue in such a situation on 3 August 2008 at the earliest, that is the moment the regulations governing this right come into effect. Conversely, if the prescriptive period expires before that date, the entrepreneur would acquire an easement appurtenant with the content corresponding to the transmission easement. Such an interpretation is aligned with the purpose intended by the legislator, which is to bring order to the actual state of the broadest scope with the aid of a new legal instrument. The text, while analysing the issue of a transmission easement and an adverse possession thereof as a institution of the civil law, presents only some selected problems. Hence, the analysis does not include, for example, the issues concerned with claims for remuneration (for usufruct without contractual basis or usufruct fees), or claims for compensation (redress or amends). Furthermore, the text does not conduct a more profound analysis of the relation between the provisions regulating public-law relations (e.g. acts of law introducing the institution of dispossession) and the provisions regulating civil-law relations (the easements in question).

Foreign direct investment motives and location decision factors under economic recession: Three cases of Finnish FDI in Portugal

The purpose of this thesis was to study how uncertainty in economic conditions of the FDI host country affects location decision of an investment, and what kinds of motives are behind the investment decision to a country in economic recession, in this case Portugal. The country has attracted foreign direct investment steadily, but it is evident that most multinational firms and investors tend to be more interested in emerging economies in general. The aim was to find out also which host country specific advantages are important in this kind of cross-border investment and which factors are important for an FDI to succeed under economic uncertainty at the host country. The study was done by analyzing three Finnish case companies: a private equity and real estate investment firm Pontos Group, A wave energy technology research and development company AW Energy and NSN, Nokia Solutions and Networks, a global telecommunications company. The research was done empirically, by interviewing experts on the subject, mainly persons representing these companies. In addition relevant articles, journals and content from case companies’ web-pages is used for the desk research regarding the topic. The results of this thesis showed that the FDIs with strategic asset-seeking investments seem most profitable FDI types under uncertain economic conditions. This kind of investments aim to strengthen the company’s long-term strategy, including the time after recession. Firm-specific ownership advantages that bring competitive advantage proved out to be important under these circumstances, as well as first-mover advantages and externally created assets such as government promotional policies regarding FDI incentives. Also the location was considered suitable for resource- or efficiency seeking motives, based on the lowered price level at the host country. Problems were related mainly to financing, but as foreign companies receive financing usually from their home countries, the economic recession of the host country does not have significant effect for FDI decision, according to this study

A cessação dos efeitos do registo

O registo predial destina-se, essencialmente, a dar publicidade à situação jurídica dos prédios, tendo em vista a segurança do comércio imobiliário, como, aliás, refere o art. 1.º C.R.P (Código do Registo Predial). Podem beneficiar dessa publicidade os factos taxativamente previstos nos artigos 2.º e 3.º do C.R.P e todos aqueles que se encontram previstos na lei. No âmbito do registo predial, assumem particular importância, entre outras, a qualificação do pedido de registo e os efeitos resultantes do registo. Assim, o registo pode ser lavrado como definitivo, como provisório (provisório por dúvidas ou por natureza – arts. 73.º e 92.º do C.R.P - ou pode ser recusado – art. 69.º do mesmo Código). Os efeitos do registo predial podem, em determinadas situações, cessar. Refere o art. 10.º do C.R.P que os efeitos do registo cessam mediante transferência para novo registo ou com base na sua extinção, podendo esta ocorrer por caducidade ou cancelamento.

Rehabilitación arquitectónica sustentable de una edificación patrimonial abandonada en el Centro Histórico de Cuenca

La rehabilitación de edificaciones patrimoniales en el Centro Histórico de Cuenca es cada vez más frecuente, ya sea por iniciativa de los propietarios o inversionistas, quienes ven oportunidades para desarrollar actividades económicas, que redundan en la disminución del déficit de vivienda, así se recuperan bienes inmuebles y potencian valores históricos, constructivos y sociales. El estilo de vida actual di ere del de hace 50 años, las expectativas y necesidades de una familia y barrio son diferentes. Por ello se deben optimizar las edificaciones y rehabilitarlas funcionalmente para evitar su abandono, proponiendo usos coherentes con la época; como multifamiliares formados por pequeños departamentos o suites. Para lograr un equilibrio entre construcción y medio ambiente se requiere que todas las construcciones incluyan criterios bioclimáticos de actuación pasiva al momento del diseño, considera la implantación de las edificaciones, para mejorar sus condiciones ambientales: iluminación, ventilación natural, uso de materiales con inercia térmica y ubicación en zonas que cuenten con todos los servicios e infraestructura necesarios para el uso planteado. La mejor muestra de concientización ambiental es la rehabilitación de una edificación que esté abandonada o infrautilizada, siendo un gran ahorro de materiales y mano de obra que minimiza la contaminación ambiental que ocasiona la construcción desde cero. El objeto de estudio se encuentra en la calle Hermano Miguel entre Honorato Vásquez y Juan Jaramillo. El proyecto muestra la e cacia de la rehabilitación arquitectónica al incorpora criterios sustentables pasivos al momento del diseño, demostrando que la optimización espacial de una construcción puede tener cambios coherentes para la época actual, siendo respetuosa con los valores de la edicación y de la ciudad.

Outorga onerosa do direito de construir e dinâmica do mercado imobiliário formal: planejamento e descaminhos na expansão urbana de Parnamirim RN (2008-2010)

The `Outorga Onerosa do Direito de Construir - OODC` (Public Concession of Building Rights), instrument instituted by The City Statute in 2001, has as main objective the recovery of urban property, seeking for a fair distribution the urbanization benefits. The possibility of usage of the OODC instrument is linked to the maximum utilization coefficient, determined to specific areas in accordance to existing infrastructure conditions, further taking into account the formal real estate market, expansion axis and crowding. Being an instrument which establishes values to be paid for a better use of land, it maintains a narrow relation to the real estate, incentivizing or discouraging the crowding in specific areas. The present study investigates the relationship between the criteria for the making of the Public Concession of Building Rights instrument and the dynamics of the formal real estate market. It takes as empiric universe Parnamirim (RN), part of the Natal Metropolitan Area (RN), focusing on the application of the OODC in the period of 2008-2010. It seeks to better understand the necessary basis for the formulation of the instrument, about how it works and its relation to the formal real estate market. It aims to depict the formal real estate market by presenting the production of urban space in Parnamirim in terms of intensity and nature of the real estate, furthermore identifying the licensed properties through the application of the municipality instrument. For the conclusion, it is discussed the criteria for the formation of OODC, its relationship to the dynamics of the formal real estate market and its influencing possibilities in the processes of usage and occupation of land in the context of urban planning

Relevância dos impostos diferidos : caso das empresas cotadas em Portugal

Mestrado em Contabilidade, Fiscalidade e Finanças Empresariais

Natal qual é a sua cara?: análise do perfil edilício da avenida Eng. Roberto Freire (Natal/RN) à luz da acessibilidade

This study focuses on the building ensemble of Avenida Roberto Freire, a main road in Natal, Brazil, as a material expression of the confluence of various factors among which the following may be emphasized: high level of accessibility due to urban spatial re-structuring and the growth of the real estate market, in view of the increasing number of consumers, who arrived in Natal within the last decades. The intense urban modification process that has been going on in Natal since at least the 1980s, has engendered the formation of long axial lines which express the expansion dynamics and some of the forces subjacent to it. Avenida Roberto Freire has been an iconic example of an urban thoroughfare where architecture becomes primarily a communication support that can be perceived by fast moving passers-by, what brings it close to the venturian concept of strip (Venturi at al, 1972). The building types that line the road not only respond to the dynamics in process but also contribute to intensify it, as they house a variety of uses which attract people and generate more movement. The dynamics is further strengthened by the action of the real estate business which benefits from the increase of highly accessible locations, and from the private and public investments and incentives to tourism that aim to insert this city into the globalized world. Although the intention of reconstituting part of the history of density increase on this avenue in a diachronical perspective was attempted within the limits of the available references and documentation, the central contribution of this study is to understand the relations between topological accessibility and the typological nature of the building ensemble. By observing the synchronic morphological frame resulting from the spatial configuration analysis pertinent to this avenue (cf. Hillier and Hanson,1984) and the inventory and classification of the building ensemble there existing, this study aims to understand how architecture responds to accessibility in view of the real estate pressure, boosted by a cosmopolitanizing process brought about by the continuous flow of foreign and Brazilian arrivals as visitors, temporary or permanent residents

Building environmental assessment scheme for residential building in Brunei

Building's construction activities, operation and demolition are increasingly recognised as a major source of environmental impact. One strategy for reducing such impacts is most widely known by the term Building Environmental Assessment (BEA). The research is an attempt to develop a new BEA scheme for residential buildings in Brunei which focussing on identifying BEA indicators that best suit for Brunei environment, social and economy. Studies show that Brunei residential sector needs urgent attention to transform its current consumption rate in more sustainable way. Recent launch of Brunei Green Building Council, mandatory energy efficiency guidelines and declaration of ambitious energy intensity reduction target, a new BEA scheme will help contribute sustainability target in residential sector. However the issues of developing a new BEA schemes using existing methods may face constraints in their effectiveness. In this regard, a consensus-forming technique-Delphi method-helps improve greater communication and gain consensus from experts in the construction industry through series of questionnaires. As a result, the final framework is produced comprises of 7 key categories and 37 applicable criteria that achieved high degree of consensus and importance.

Using Research Methods in Human Computer Interaction to Design Technology for Resilience

Research in human computer interaction (HCI) covers both technological and human behavioural concerns. As a consequence, the contributions made in HCI research tend to be aware to either engineering or the social sciences. In HCI the purpose of practical research contributions is to reveal unknown insights about human behaviour and its relationship to technology. Practical research methods normally used in HCI include formal experiments, field experiments, field studies, interviews, focus groups, surveys, usability tests, case studies, diary studies, ethnography, contextual inquiry, experience sampling, and automated data collection. In this paper, we report on our experience using the evaluation methods focus groups, surveys and interviews and how we adopted these methods to develop artefacts: either interface’s design or information and technological systems. Four projects are examples of the different methods application to gather information about user’s wants, habits, practices, concerns and preferences. The goal was to build an understanding of the attitudes and satisfaction of the people who might interact with a technological artefact or information system. Conversely, we intended to design for information systems and technological applications, to promote resilience in organisations (a set of routines that allow to recover from obstacles) and user’s experiences. Organisations can here also be viewed within a system approach, which means that the system perturbations even failures could be characterized and improved. The term resilience has been applied to everything from the real estate, to the economy, sports, events, business, psychology, and more. In this study, we highlight that resilience is also made up of a number of different skills and abilities (self-awareness, creating meaning from other experiences, self-efficacy, optimism, and building strong relationships) that are a few foundational ingredients, which people should use along with the process of enhancing an organisation’s resilience. Resilience enhances knowledge of resources available to people confronting existing problems.

Diversificación, la clave del éxito de Constructora Colpatria

El siguiente documento tiene como finalidad enseñarle al lector cómo una de las constructoras líderes del sector en Colombia, Constructora Colpatria, se ha visto involucrada en la toma de ciertas decisiones estratégicas, las cuales han llevado a la compañía a conseguir una diversificación en diferentes áreas de negocio y un proceso de internacionalización en países como México y Perú. La principal razón de estos cambios que ha tenido la Constructora Colpatria, es básicamente un problema que surge hace un poco más de 20 años. Hacia la década de los 90 se presentó una crisis financiera que tuvo su origen en el mercado hipotecario, desde ese entonces, el sector construcción se ha visto involucrado en un fenómeno que es comúnmente conocido como burbuja inmobiliaria, este término se refiere a la subida injustificada y exagerada de los precios de los inmuebles o de los bienes raíces muy por encima del precio real de venta. En el contexto de estrategia, el proyecto se va a encaminar por el lado de las decisiones y el manejo que se le ha dado por parte de la empresa a la problemática que ha presentado el sector construcción a lo largo de los últimos años. Por medio de diferentes métodos de investigación, que serán explicados más adelante, se quiere evaluar y conocer como esta empresa ha logrado conseguir un alto nivel de competitividad y cómo se ha posicionado en los primeros puestos en el sector construcción en Colombia.