The Application of Restrictions and Encumbrances on Property Rights in Real Estate

Nadezhda V. Aleksandrova, Elena V. Ivanova, Alexey V. Karpov, Nikolay V. Ivanov and Mikhail V. Demidov

Chapter 42 in The Role of Entrepreneurship in Resolving Modern Global Economic Problems:A Systemic Review, 2026, pp 439-447 from World Scientific Publishing Co. Pte. Ltd.

Abstract: This research explores issues related to the institution of property rights in the real estate sector. The research aims to identify the key challenges in the practical implementation of ownership, use, and disposal rights over real estate, as well as ways to overcome them. One of the main problems in this area of civil law relations is the variety of real estate objects and types present in the country. Depending on the property’s intended use, legislators may impose certain restrictions and encumbrances on its utilization. These measures serve a dual purpose. On the one hand, they enhance the efficiency of property use. On the other hand, they protect the interests of participants in civil transactions, including individuals and legal entities. Most difficulties in exercising property rights in real estate stem from civil-law (material) aspects. These encumbrances arise from the nature of transactions and their consequences. A comprehensive analysis of the current legal framework in this field reveals numerous gaps that need to be addressed through contemporary legal solutions. In turn, this should contribute to developing new and effective mechanisms for regulating real estate transactions, ensuring the protection of the interests of all parties involved in the process.

Keywords: Entrepreneurship; Contemporary Global Economic Problems; Socially-focused Economy; Digital Economy; Climate Economy; Innovative Entrepreneurship; Social Justice; Global Inequality; Realizing Human Potential; Quality of Life; Economic Globalization; Green Transition; Investment Transition; Developing Economies; Central Asian Economy (search for similar items in EconPapers)
JEL-codes: F63 L26 O10 O17 Q01 (search for similar items in EconPapers)
Date: 2026
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