Transfer of real estate rights in the light of legal and spatial conditions - Case study of Krakow, Poland
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1
AGH University of Krakow, Faculty of Geo-Data Science, Geodesy and Environmental Engineering, Poland
2
University of Oradea, Faculty of Building Construction, Cadaster and Architecture, Romania
Submission date: 2025-03-14
Final revision date: 2025-08-29
Acceptance date: 2025-09-27
HIGHLIGHTS
- the legislative changes in Poland aim to the elimination of perpetual usufruct
- we have analysed legal acts in the field of perpetual usufruct
- we analysed changes in the structure of land granted in perpetual usufruct
- we analysed administrative proceedings for the conversion of perpetual usufruct
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ABSTRACT
The objective of this research paper is to analyze the regulations introduced in 2023 aimed at converting the right of perpetual usufruct into the ownership title. The analysis covered the previous modes of conversion, its scope and income derived, on the example of a selected city as well as the spatial changes in the distribution of land released for perpetual usufruct. New solutions were presented that indicated the basic differences when compared to the previously applicable rules. As a result of the analyses, problems related to the practical application of the introduced regulations were identified, in particular those regarding the scope of real estate subject to the claim for acquisition of ownership rights by perpetual users. The research results identified the need to modify and specify the regulations in order to introduce unambiguous rules for qualifying real estate subject to the claim for acquisition of ownership rights.
FUNDING
Funded by research subsidies provided by the AGH University of Krakow, No. 16.16.150.545.