Research and Investigations into Real Property Transactions

after the close of the research action ‘Modelling Real Property Transaction’, ESF/COST G9

July 2012

Summary of titles related to the research action prepared.

Feb. 2012

The Global Legal Group is a London based publishing house. It issued The International Comparative Legal Guide to: Real Estate 2011 in its series of publicly available legal guides: The International Comparative Legal Guides (ICLG). The guides are expected to be updated annualy.

The G9 main publication, Real property transactions: procedures, transaction costs and models, is available in digital form from the repository of TU Delft.
Jan. 2010

In 'Property titling and conveyancing', Benito Arruada corroborates a theoretical analysis of the institution of titling with empirical data, among others from the mentioned ZERP study  (Jan 2008)


June 2009

Guidance and Good Practice for the Application of Fees and Charges for Real Property Cadastre and Registration Services 

Quote from UNECE publications: This study is based on the outcomes of a questionnaire that surveyed existing practices on fees and charges for cadastre and land registration services in the UNECE region. The study elaborates on the questionnaire's findings on existing knowledge and country experiences by identifying existing trends and principles in financing real property cadastres and registers as well as the factors that influence the setting of fees and charges.  - 
 
Refers to Zevenbergen, Frank and Stubkjaer, Real Property Transactions. Procedures, transaction costs and models, COST Action G9, Amsterdam, The Netherlands, IOS Press. 2007, among 'Other sources'

Symbol No. ECE/HBP/WP.7/2009/4 - Languages: English; Russian


Feb. 2008

A brief summary is provided under the heading of 'Why the narrow scope? A broader scope seems feasible' and published also at a blog of prof. Benito Arruada: Regulating the conveyancing services market. The summary supports the position that EU and OECD investigations have a too narrow scope.


Jan 2008

European Commission Internal Market > Press release on Conveyancing services



  • Publication of a study by ZERP (Bremen University) on EU conveyancing services market, IP/08/101  29.01.2008
  • Study on EU conveyancing services market

Source: http://ec.europa.eu/internal_market/news/2008_en.htm


Dec 2007

OEDC >  Directorate for Financial and Enterprise Affairs >
Regulation and Industry Sectors  > Publications & Documents >  Best Practices > 

Improving Competition in Real Estate Transactions (cache) pdf, 2Mb, English

Real estate transactions are subject to a variety of potential limitations of competition that can have significant effects on ordinary consumers. Three areas of focus for this compilation are the matching of buyers and sellers, conveyancing of property and financing of property.

Long abstract: Improving Competition in Real Estate Transactions

Real estate transactions are subject to a variety of potential limitations of competition that can have significant effects on ordinary consumers. In fact, because of the annual volume of transaction and the fact that real estate expenses (mortgage payments and rent) constitute a significant portion of spending out of available revenue to spend (often exceeding 25%), the impacts of anti-competitive actions in this sector may reach a larger financial value than in most other sectors.

Practices of real estate agents vary significantly across countries, but a common trend appears to be the introduction of listing services that may provide a platform for anti-competitive practices to spread, at the same time as the Internet potentially provides improved opportunities for real estate sellers to reach buyers directly. In many countries, the operation of transferring legal title to properties is subject to cartel-like prices. Competitive problems have also been identified in the mortgage markets, with cartel activity having been found in at least one case and a lack of non-bank sources of finance in some countries.



Conveyancing Services Market, December 2007

In order to further explore the economic impact of professional services regulation on a specific market, a study has been undertaken led by the Centre of European Law and Politics (ZERP) at Bremen University to analyse the effects of professional regulation on the efficiency and performance of the EU markets for legal services associated with house and land sales (conveyancing services). Conveyancing services comprise, for instance, pre-contract searches, transfer deed drafting, signature certification and deed registration in the Land Registry.

This market was selected for in depth study as it is of direct interest to consumers and of high overall economic significance. It is estimated that property turnover in the EU27 for 2005 was almost €1,800 billion (16% of EU27 GDP) with the corresponding turnover in conveyancing services being around €16.7 billion. Measures to open up this market will therefore directly contribute to the Lisbon objectives of growth and jobs.

The study, surveying 21 EU countries, is the first of its kind and integrates a legal and economic approach. The study presents the effects of different regulatory systems on consumer's choice and quality and price of services.


Source: http://ec.europa.eu/comm/competition/sectors/professional_services/studies/studies.html

2006

Ejendomsregistrering i de nordiske lande (Real Property Information Systems in the Nordic Countries). Kort og Matrikelstyrelsen, 2006. 340 p. -
Dannelse og transaktioner vedrrende fast ejendom i de nordiske lande (Real Property Transactions in the Nordic Countries). Kort og Matrikelstyrelsen, 2006. 588 p.

Download an English translation of the Danish chapter. Property formation in the Nordic countries - Denmark

Source: http://www.kms.dk/Matrikelogejendomsdannelse/Nordisk+ejendomsregistrering/Nordisk.htm

2006

Internationaler Vergleich von Kosten und Dienstleistungseffizienz bei der Transaktion von Wohneigentum - Optionen fr Deutschland

Forschungen, Heft 120, Hrsg.: BMVBS/BBR, Bonn 2006 ISBN 978-3-87994-452-0, urn:nbn:de:0093-FO12006139
Download (pdf/1151-KB)

International Comparison of Transaction Cost of Proprietary

Abstract: The influence of transaction costs on housing and labour markets - why reducing transactions costs is important



European Private Law Forum - Projects

Real Property Law and Procedure in the European Union

Source: http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/ProjectRealPropertyLaw.shtml


Erik Stubkjr, 2010-01-14; 2009-03-11; 2008-08-28; -02-15