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1

Podział nieruchomości – zagadnienia administracyjnoprawne

100%
Marciniuk K.
Studia Iuridica
|
2016
|
vol. 61
181-210
EN
In the article the author discusses issues referring to the division of property. Division of property is one of the basic processes connected with the property management and is highly important for the property transactions and thus influences the real property market. An essential part of this paper focuses on the analysis of the current regulation regarding division of property under the Real Estate Management Act of 1997. This work presents the general problems connected with the performance of the property division and presents the basic concepts and laws. The paper outlines also conditions for the division of property as well as details of the procedure governing division of real property focusing on practical issues and recent interpretations of the administrative courts, e.g. coherence of the intended division with the planning regulations, access to public roads as well as situations where administrative approval of the intended division results in the transfer of part of the property to public entities (in cases where part of the divided land is designated for the public road construction of modernisation). The other issue elaborated in the paper is connected with the financial consequences of the division of land (adjacent levies). The analysis of the applicable legislation indicates to the fact that current administrative control of the urban property division is quite complex and is subordinated to the planning regulations. The different situation appears in case of agricultural and forest lands, where virtually no restrictions are imposed on division of properties.
2

Uchwała o ustaleniu lokalizacji inwestycji mieszkaniowej (lex deweloper) a możliwość dokonania geodezyjnego podziału nieruchomości gruntowej w trybie przepisów ustawy o gospodarce nieruchomościami

84%
Zemła J.
Rejent
|
2023
|
issue 10 (390)
112-127
EN
The article is about the proceedings regarding the issue of an extract of a notarial deed to a third party. The considerations relate to the provisions of the Act on notary and the Code of Civil Procedure. First of all in the article was presented the entity entitled to receive an extract of a notarial deed. Further consideration concern the authority of the proceedings regarding the issue of an extract of a notarial deed to a third party. In the article were also presented issues regarding the participants in the abovementioned proceedings and the court session. At the end of the article were presented problems related to the court's decision.
3

Hipoteka łączna na nieruchomościach lokalowych powstałych w wyniku przekształcenia spółdzielczego prawa do lokalu - uwagi na tle orzecznictwa Sądu Najwyższego

84%
Nowakowski T.
Rejent
|
2021
|
issue 3 (359)
49-62
EN
The study deals with the issue of the consequences of a mortgage initially imposed on real estate belonging to a housing cooperative. So far, the jurisprudence of the Supreme Court has consistently assumed that as a result of its division by transforming the condominium right to into ownership of the premises, the mortgage begins to burden the newly created right. However, several rulings departed from the prevailing view. The author considers the disputed issues from the perspective of Art. 76 of the act on land and mortgage registers and mortgage, as well as special protection of the rights of cooperatives. It also points to numerous doubts regarding the emerging jurisprudence.
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