Transformation of land perpetual usufruct in ownership right in Poland

Zrobek, Sabina and Ryszard Zrobek

In the article some information about system of perpetual usufruct in Poland are presented. It is a particular form of public real estate management and is defined by law (the Civil Code and the Real Estate Act) and has its specific features in Poland. Since 2005 it is possible to transform this right to real estate ownership. In this case valuation of ground (market value of land) is necessary. The right of land perpetual usufruct has been existing in Poland since 1961. This is a form of transferring public land to temporary use with annual charges. Nowadays land perpetual usufruct concerns approximately 400 thousand hectares in Poland. It is possible to transform land perpetual usufruct into full ownership of the land. The authors of this article presented the procedures of this change. They concentrated in particular on legal issues and methods of land valuation. Moreover, authors described land perpetual usufruct in relation to long term leasing in other countries.

Event: XXIII International FIG Congress : Shaping the change

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Document type:Transformation of land perpetual usufruct in ownership right in Poland (173 kB - pdf)