The Issue of the Legal and Surveying Division of Agricultural Land on Selected Examples in Poland and on the International Stage
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Authors
Date
2017
Journal Title
Journal ISSN
Volume Title
Publisher
GIS Forum
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Abstract
An interesting issue concerning real estate management is the subject of legal and surveying division of agricultural real estates. According to the Polish legal provisions agricultural properties are properties that are or may be used to keep production activities in agriculture in terms of plant and animal production, including horticultural, orchard and fish production, with the exception of real estates designed in the local spatial development plan for purposes other than agricultural. They can be subject to turnover being a matter of transfer, inheritance and acquisition. This may occur as a result of a legal act, a court decision, or a decision of a public administration body, as well as other legal event, eg. usucaption. They can also be subject to one of the real estate management procedures, including the surveying division of property. In Poland subdivision of agricultural properties is nowadays regulated mainly in the Act of 23 April 1964 on the Civil Code, but there are also cases when the Real Estates Management Act of 21 August 1997 is applied. However, some changes of the regulations concerning the surveying subdivision of real estates in administrative proceedings are going to be introduced and the question is how they will affect the division of agricultural realties. A more difficult issue is the matter of the legal division of an agricultural property. In connection with the rules of shaping the agrarian system in Poland aimed at, among other things, the improvement of the structure of farms, or the counteraction of excessive concentration of agricultural properties in Poland, the regulations governing the acquisition of agricultural property have recently been sharpened. They raise a number of interpretation questions and result in complications and restrictions on trade in agricultural properties and a decline in prices. The current difficulties in agricultural real estate turnover in Poland influenced the subject matter of this publication motivating the author to investigate the situation and the rules being in force in other countries around the world and to identify practices in this regard in the international arena. The question is whether the statutory assumptions are correct and what might improve the procedures. Moreover, for the purposes of this publication, the problems of real estate management in Poland and other countries were investigated and the selected principles of surveying and legal partition of real estates were shown.