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Controls. Property Formation and City Planning. Real Property Formation. Formation for a cadastre in Continental Law countries No formation in Common Law countries, but subdivision control in urban areas: general boundaries created in private contracts. Property Formation.

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  1. Controls Property Formation and City Planning

  2. Real Property Formation • Formation for a cadastre in Continental Law countries • No formation in Common Law countries, but subdivision control in urban areas: general boundaries created in private contracts

  3. Property Formation Real Property Formation Act • Compulsory, private creation of properties is not valid • The cadastralauthority – the National Land Survey or a city – handles the procedure

  4. Subdivision Real Property Formation Actch. 10 • Creates a new unit by slicing it of from a residualpropertyunit. • Must fulfil general requirements in ch. 3: suitable for itspurpose

  5. Reallotment Real Property Formation ch. 5 • When land is transmitted from oneunit to another or • wheneasements (servitudes) are created • Can be voluntarily or decided by force

  6. Partition Real Property Formation ch. 11 • Whenco-ownedproperty is dividedbetween the owners • Voluntarily or forced

  7. Germany & Denmark: State planning USA & Sweden: Municipal planning Planning State Courts Citizen Municipality Municipality

  8. Plans Zoning City plans As detailed as needed Comprehensive plans Building Permission Compulsory In accordance with plans Safety regulations Planning Instruments

  9. Planning Municipalities (cities) decide Two instruments: • City plan • Building permit

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