When buying real estate, you may come across a statement that the condition of sale is the establishment of a limited property right in favor of the selling entity. This is also the case with properties available on the Nieruchomości Orange website. What significance does this have from the perspective of the buyer of such real estate and what limited property right is related to the area of limited use?
Limited property rights – definition
Sellers of office buildings or real estate intended for commercial and public services may require the purchaser to establish a property right in their favor. This possibility is specified in the Civil Code. Limited property right, in short - OPR, consists in exercising strictly defined rights over someone else's property, which without its establishment, i.e. in normal conditions, are vested in the owner. This is one of the two types of property rights in force in Poland. The second, in addition to limited property right, is of course ownership. It is worth adding that until recently, in addition to them, there was also a subjective right, which was perpetual usufruct.
Limited property rights in real estate include:
- use,
- servitude,
- pledge (ordinary, financial, treasury, registered),
- mortgage,
- cooperative ownership right to 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 art. 252 of the Civil Code, the content of the right of use is the use of a thing and the collection of its benefits, the exercise of which may be limited to a designated part. Its scope may vary, depending on who is its subject. Usufruct is established by way of a declaration of the owner of the property and may be paid or free of charge. 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 person.
Transmission easements are referred to in Article 305 of the Civil Code. This is a type of limited property right on real estate, which consists in the possibility for the seller of the facility to use the infrastructure remaining in the ground. However, this must be done in accordance with its intended purpose.
Find out also: Can a forest plot be converted into a building plot?
Limited Use Area - Definition
Limited property rights on real estate are confused by some with the area of limited use. However, these concepts refer to two completely different issues. The area of limited use is related to restrictions on the purpose of the land and the way it is used . It is designated when there is a production plant, road or other object in the vicinity of the property that has a negative impact on the property. This could be, for example, an electrical power station, a municipal waste disposal site, a sewage treatment plant or an airport.
A restricted use area can be designated in an area where electromagnetic fields or excessive noise are generated. Such areas are often created near plants that have a negative impact on air quality.
Due to the restrictions on the use of real estate covered by the limited use area, its owner may apply for its purchase or for payment of compensation .
What is the relationship between limited property rights and limited use areas?
Limited property rights and limited use areas are two completely different concepts. However, they are somewhat related, as they involve certain restrictions for property owners.
It is also worth noting that a limited use area may be established on a property with limited property rights . In such a situation, not only its owner may seek compensation. Such a right also applies to the entity that has limited property rights to that property.
Answers to the most important questions regarding the sale of real estate from the Orange offer can be found in the tab FAQ | Orange Nieruchomości