When purchasing real estate, you may encounter a stipulation that the sale is conditional upon the establishment of a limited property right in favor of the seller. This is also the case with properties available on the Orange Real Estate website. What significance does this have from the perspective of the buyer of such a property, and what limited property right does this have to do with the restricted use area?
Limited property rights – definition
Sellers of office buildings or properties intended for commercial and public services may require the buyer to establish a property right in their favor. This possibility is defined by the Civil Code. Limited property rights, or OPR for short, involve the exercise of precisely defined rights over another person's property, which, without the establishment of a property right, and therefore under normal circumstances, are held by the owner. This is one of two types of property rights in force in Poland. The other, besides limited property rights, is, of course, ownership. It is worth noting that until recently, a subjective right existed alongside these rights, namely perpetual usufruct.
Limited property rights in real estate include:
- use,
- servitude,
- pledge (ordinary, financial, treasury, registered),
- mortgage,
- cooperative ownership right to the premises.
In the case of real estate offered by Orange, the condition for sale may be the establishment of a limited property right in the form of usufruct or easement.
According to Article 252 of the Civil Code, the right of usufruct is the right to use a property and derive benefits from it, the exercise of which may be limited to a designated portion. Its scope may vary depending on the subject. Usufruct is established by a declaration of the property owner and may be either paid or gratuitous. It must be submitted in the form of a notarial deed. This right is subject to entry in Section III of the land and mortgage register and may be waived only by the entitled party.
Article 305 of the Civil Code, on the other hand, applies to utility easements. This is a limited property right that allows the seller of the property to use the infrastructure remaining within the land. However, this must be done in accordance with its intended purpose.
Find out also: Can a forest plot be converted into a building plot?
Restricted Use Area – Definition
Some confuse limited property rights with limited use areas. However, these concepts refer to two entirely different issues. A limited use area relates to restrictions on the intended use of the land and its intended use . It is designated when a production plant, road, or other facility that negatively impacts the property is located nearby. This could be a power substation, municipal waste disposal site, sewage treatment plant, or airport, for example.
A restricted use area may be designated in an area where electromagnetic fields or excessive noise are generated. Such areas are often established near facilities that negatively impact air quality.
Due to the restrictions on the use of real estate covered by the restricted use area, its owner may apply for its purchase or payment of compensation .
What is the relationship between limited property rights and areas of limited use?
Limited property rights and limited use areas are two completely different concepts. However, they are related in some way, as they impose certain restrictions on property owners.
It's also worth noting that a restricted use area can be established on real estate with limited property rights . In such a situation, not only the owner can seek compensation. The entity holding the limited property rights to the property also has this right.
Answers to the most important questions regarding the sale of real estate offered by Orange can be found in the FAQ | Orange Nieruchomości tab.
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