Edition 2020 Ninth edition
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a6048c931cdc93 TEGOVA EVS 2020 digital
"main proprietor") with her/his interest being the bare or naked property (nue pro-
priété). In a common law jurisdiction, that person would more usually be called a remainderman. 4.29. The bare owner cannot interfere with the usufructuary's use or enjoyment of the land within the rights granted but may seek to protect the property against misuse by the usufructuary. 266 IV. - EVIP 3: Multiple Interests in Residential Property European Valuation Standards 2020 4.30. The usufructuary may have to waive her/his right if the bare owner is to mort- gage the property. Any sale, transfer or inheritance of the bare property would be subject to the usufruct. 4.31. Subject to any terms of the grant of the right or other relevant circumstances, the value of bare property is at best the current value of the expectation of the rever- sion on the end of the usufruct. 4.32. Improvements — Consideration may need to be given to whether the landlord or the tenant have improved or altered the residential property or added items to it. 4.33. Where a landlord improves a residential property during the course of a tenancy this may be for statutory, economic or personal reasons. It will usually have re- quired the tenant's agreement for the landlord to have access to the property to effect the work. It may according to national law or any agreement with the tenant result in a rent increase or make possible a later increase in Rental Value — as on a subsequent letting. 4.34. A tenancy agreement may usually require the tenant to obtain the landlord's ap- proval before making any significant works to the property. That agreement may consider how any substantial investment is to be handled whether by a providing basis for compensation if the tenant leaves while there is still value in the work, by an extension of the tenancy or by some other means. It might well be that the im- provement would be disregarded at any rent review for the current tenant though it may add to the Rental Value for subsequent letting to a new tenant. 4.35. Where a tenant installs items, such as for heating or in kitchens, it may be a matter of fact and national law whether those items have become so fixed to the property that they belong to it and so should not be removed by the tenant later or at the end of the tenancy. 4.36. Dilapidations — Where the tenant's use of the property has caused it to it deteri- orate, whether by the tenant's actions or negligence, there may also be a need to value dilapidations at the end of tenancy. They might be offset against the tenant's deposit for the tenancy or be the subject of a financial claim against the tenant. It will be a matter of law whether that assessment is to be based on the cost of the remedial work or the diminution of the value of the property. European Valuation Standards 2020 IV. - EVIP 3: Multiple Interests in Residential Property 267 5. Residential caravan parks Residential accommodation can be made available by a caravan park owner leasing sites on the park for permanent occupation in mobile homes. The site owner commonly provides all services and often other facilities. Transactions in the mobile homes, both purchase and sale, are commonly required to be with the park owner as part of the management of the park and as a business activity. Thus, the homes themselves will usually have limited value (their affordability and location being relevant to tenants) but the park overall may be valued as property managed by a business. 6. Inalienable and unassignable property 6.1. There can be valuable rights in property which the holder cannot sell or assign but which may still, on occasion, need to be valued. 6.2. This will typically arise where: • A property has been given to a public body or charity on terms excluding its dis- posal so that it is preserved for the public good as is the case for some houses of historic, cultural or architectural importance. The asset may still have a pos- itive value or have to be recognised as a liability; • A dwelling has been leased to a tenant on a lease that forbids legal transfer, perhaps because the landlord wishes to control who occupies the property. That lease might still have value in itself, especially if it is at less than a Market Rent or offers other advantages compared to the market for equivalent proper- ties. If it were a significant liability the tenant might seek to repudiate it. Similar issues can arise where the tenant has the use of the property for life or a usufruct in a property. 6.3. Making a property inalienable does not remove its value. It does mean that the value cannot be realised as a capital sum while the capital value of the property is not available to secure lending. Nonetheless, there could still be reasons why someone might wish to pay to take such a property and it may offer valuable ben- efits or an income. 268 IV. - EVIP 3: Multiple Interests in Residential Property European Valuation Standards 2020 6.4. In some cases, it may be important to distinguish between the value of a business using the property and the value of the property itself. That may be most clear where the business is using a tenanted property which it cannot legally transfer but is at an under-rent. 6.5. Among the important questions for a valuer instructed in such a case are: • What is the purpose of the valuation? It is useful to know if the dwelling is to be valued for a balance sheet, a divorce, a partnership dissolution, taxation, com- pulsory purchase or valued for rent. Valuing between parties such as landlord and tenant or family members might mean finding a fair or special value, often turning on synergistic or marriage value, rather than a Market Value. In some situations, the task might be to find the investment value of the dwelling to an individual; • How absolute is the restriction on disposal? While the position may vary between jurisdictions, it may be that the law offers a means for such a prohibition to be challenged in the courts. 6.6. In other circumstances, there may be the commercial opportunity to pay to have the prohibition removed by agreement with the person imposing it. In such cases, the situation becomes closer to those where there are statutory or contractual restrictions on who can own or occupy a property which can see varying levels of discount applied to an unencumbered value for sale. It may be that while the prop- erty is not technically inalienable, a complex ownership structure might make it so in practice, with substantial obstacles before disposal is possible. 6.7. Where a company owns the dwelling, then, while the company must remain the owner, the effective ownership may pass with the sale of the company but the critical valuation is likely to be of the company's shares. • Does the restriction allow or prohibit the dwelling being let on a lease (sub) lease for which a rent or premium could be taken? Allowing the property to be leased out would offer a means to achieve value while preserving ultimate ownership and control; • Is it the site of the dwelling that is inalienable or is the dwelling itself to be preserved as well? That distinction may show whether or not there are devel- opment possibilities. European Valuation Standards 2020 IV. - EVIP 3: Multiple Interests in Residential Property 269 6.8. According to the circumstances and instructions, the standard approach to de- termining the capital value of such a property (as may be required for tax purpos- es) is to consider what someone would pay to acquire the interest in the dwelling subject to the restriction on disposal. One way to consider that is to: • Take the property in question as it is; • Assume that the restriction is lifted to allow one disposal; • Recognise that the buyer or person or entity the property is to be legally trans- ferred to would then be bound by the restriction. and consider what would be the Market Value for that transaction. 6.9. That can be illustrated by a non-legally transferable long term tenancy of a dwell- ing for which the rent is the only issue and so there are no other factors in play: • If the tenancy is already at a Market Rent and has no other attraction when compared to other equivalent properties, then it may have no value; • However, if the tenancy is at a rent well below the prevailing Market Rent for such a property that difference has a value based on the period for which it can be expected to last. That will give a value for the tenancy as an asset. 6.10. When considering the ownership of a dwelling, someone may see buying an inal- ienable interest as the equivalent of buying a lifetime's right to occupy it without rent and so a value can be approached that way, recognising the obligations of ownership in doing so. 6.11. Such situations call not only for careful analysis and review, but also clarity in re- porting. That last point might be especially evident in a divorce case where a value may be put on the dwelling in accordance with the instructions to the valuer but it would be helpful to the parties and court in considering a division of assets to understand that, as an unsaleable property, this is not a realisable value, but one that is only available to the holder of the interest in question. European Valuation Standards 2020 IV. - EVIP 4: Listed Residential Property (property protected by law) 271 Download 1.74 Mb. Do'stlaringiz bilan baham: |
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