Comparative analysis of the formal and legal principles of easements in Poland
 
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Wydział Inżynierii Środowiska i Geodezji, Katedra Geodezji, University of Agriculture in Krakow, Poland
 
These authors had equal contribution to this work
 
 
Submission date: 2024-02-14
 
 
Final revision date: 2024-02-27
 
 
Acceptance date: 2024-02-27
 
 
Publication date: 2024-03-31
 
 
Corresponding author
Monika Mika   

Wydział Inżynierii Środowiska i Geodezji, Katedra Geodezji, University of Agriculture in Krakow, Poland
 
 
Geomatics, Landmanagement and Landscape 2024;(1)
 
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ABSTRACT
This publication is of a research nature. It is a compendium of current knowledge on issues related to easement law in Poland. As part of the study of the principles of determining the right of easement in Poland as a limited property right, the authors developed a descriptive and graphical description of the right to land, personal and transmission easements. The authors pay particular attention to the differences in the rules applicable to the establishment of different types of easements. Therefore, two cases of easement were extensively characterized. The first one concerns a necessary road easement (constituting a land easement). The second case is a residential easement (which is a special type of personal easement). Moreover, the article analyzes the formal and legal conditions for the creation of land and personal easements. The aim of the research was to draw attention to the complexity of the issue of easement law in Poland. The work is of a research nature. Analytical and descriptive methods were used. For the reader to better understand the presented topic, the "introduction" section contains the most important definitions, formal and legal principles of establishing an easement, conditions for its expiry, changes in the content of the law, and transfer of rights to another entity. The work is based on the current state of knowledge, supported by extensive research on thematic literature and interpretation of applicable legal provisions.
ISSN:2300-1496
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