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Podział nieruchomości – zagadnienia administracyjnoprawne

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Marciniuk K.

Studia Iuridica

2016

vol. 61

181-210

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.

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Podział nieruchomości – zagadnienia administracyjnoprawne