20. THE FUSION AND DIVISION OF LAND PARCELS FOR AN IMPROVEMENT OF THEIR INVESTMENT STRUCTURE
Land parcels with a bad geometric shape and too narrow are significantly less useful for investment purposes. In many countries, if such parcels are formally dedicated for development, like in Poland according to the rules of the Local Spatial Development Plan - LSDP – their bad geometry can lower or even disable any kind of development. Rules are slightly different in European countries, but there are some possibilities to improve that situation. In case of Polish regulations, the Act of 21 Aug 1997 about Real Estate Economy, Art. 98b, indicates that owners or perpetual usufructs (holders) of such parcels can apply accordingly for their parcels fusion first and then for division of the fused parcels in a one short procedure only (ACT, 1997). There is one condition, that all land holders must poses common homogeneous ownership rights. But there also second procedure possibility in old traditional way without applying the Art. 98b, going through a step by step procedure which is slightly longer but also applicable. So two different procedures can be performed obtaining the same final result and both legally accepted as methods. Surprisingly, in different parts of Poland, these two methods are in use parallely. Moreover, both methods are right from legal point of view, however, one of these two methods based on the Art. 98b is described by surveying regulations what can be regarded as a recommendation almost (RUDNICKI, BIENIEK, 2009). Another approach to these procedures is preferred by the mortgage register court judges. The procedure consisting of fusion first and then division is linked to so called “cadastral continuity” which is not necessary but can be helpful to clear whole procedure especially in a mortgage register. Is it really required? Let us try to answer that question and compare both procedures.
Listing Details
- AuthorRyszard Florek Paszkowski
- AffiliationKielce University of Technology
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