Zeszyt: 2016, vol. 13 / II / 1 (Apr 2016)
The manner of use of the land let into perpetual usufruct is specified not only the by the legal provisions or the principles of social coexistence, but also by an agreement or a decision conferring this right. If letting land for perpetual usufruct is aimed at erecting building structures or other equipment, the agreement should also specify the date of the commencement and the completion of the works.The State Treasury and local government units are required to control the manner of use of the real estate let into perpetual usufruct, and to take appropriate action in the case the real property is used in the manner inconsistent with this agreement or decision. The main issue is to determine the intended purpose of perpetual usufruct, which is difficult in practice, especially in the cases where perpetual usufruct was not established by way of an agreement, but by enfranchisement decisions issued in the years 1990-1997.The aim of the study is to analyze the effects of change in the manner of use of real estate by perpetual user. These issues, in practice, raise numerous doubts about the rules of proper conduct as well as the consequences for perpetual users. The emerging interpretation ambiguities ...
Land covered by water is a special type of object in the register of land and buildings. It constitutes a separate usable land which covers: the land under internal sea water, the land under flowing surface water, and the land under still surface water. These examples of usable land do not exhaust the list of all the territories occupied by water. Agricultural land also includes land under ponds and land under ditches. The Water Law provides for a special procedure for determining the boundaries between the land under water and the neighboring land, different from the proceedings regulated by the Geodetic and Cartographic Law. However, in practice, the implementation of this procedure encounters problems due to imprecise regulations.This article analyzes in detail three proceedings regarding the delimitation of land covered with flowing surface water from neighboring land. In each of the cases, the proceedings are implemented in a slightly different manner. This allowed to identify gaps in the legislation regulating the determination of a shoreline, especially in the field of surveying. ...
The process of space development in rural areas is determined among others by urban planning and development of the transportation network and agricultural production, as a consequence leading to a change in the function and value of land. The assessment of the potential of the natural environment permits the determination of the scope of activities ensuring multifunctional and sustainable development of rural areas. The objective of the study was to determine the potential of the natural environment for the purposes of rural development, and particularly the co-existence of the tourist and agricultural functions. The study applied methods of valorisation of the natural environment and agricultural space known from the literature. A modification was introduced aimed at the optimal determination of the environmental potential of the study area. The research was conducted in area Brwilno, commune Stara Biała, district Płocki, province Mazowieckie. The valorisations were performed by means of point bonitation, ascribing points to each of five elements in the assessment of both tourist and agricultural potential. The methods applied so far were modified by emphasising factors the most accurately characterising a given area. Point weights of particular parameters were also changed. According to the performed study, area Brwilno shows tourist ...
The local land use plan is one of the fundamental documents containing information about space. Specifies, inter alia, the purpose, the conditions for their development and indicates the location of the public purpose investment. In carrying out the task of their own, the authorities of the municipality, through the local plan entries determine the direction of development of the region, outline the spatial policy carried out, affect the economic development of the Government entities and economic value of space, as well as affect many aspects of daily life, society and the natural environment. Its timeliness is one of the basic requirements of proper spatial policy. Equally important is the availability plan, and especially its figure for the residents of the municipality or to the entities associated with the real estate economy.With the introduction of GIS technology in planning both the acquisition of information about the area, needed in planning processes, as well as searching for information, planning is a lot easier.The publication analyzes the availability and usefulness of the information accumulated on the GIS of the municipalities. It was examined how the authorities of municipalities are drawing local plan on the Internet, whether it is posted as a layer of ...
The article presents the problem of inconsistencies of the lande borders under flowing waters and the shoreline of the river. It presents data register, containing information on the plots under the waters. These include the following databases: cadastral, topographic and administrative. Measurements of the course of the shoreline of one of the mountainous rivers showed large discrepancies between borders of land under the waters and the shoreline of the river. Changes in time and space of the shoreline of the river were determined on the basis of the long term cyclical location and height measurements. The paper aims to show the need of updating cadastral databases related to the borders of land under the flowing waters due to the change of the course of the rivers shoreline. Do cadastral maps always faithfully reflect the course of the border line of this type of objects? How often should they be updated? Cadastral maps as the primary source of information about the borders of land under the flowing waters (rivers) should be updated, after prior verification of the shoreline of the river (for example, on the basis of an orthophotomap). The study showed clearly, that update the borders of land under ...
From several years now the act introducing the heritable building right has been a subject of ongoing work in the parliament. Ministry of Justice published the bill on their website: http://bip.ms.gov.pl/projekty-aktów-prawnych. According to it, the heritable building right will be a limited property right that enables the use of a real estate when simultaneously buildings or other devices, permanently associated with this ground, are owned by a different entity. It is meant to be a transferable right that may be mortgaged. The enactment of this law in Poland is thought to result in creating legal possibilities to realise important economic investments such as: flat development, installation of rail and road transportation devices as well as transmission devices on owned grounds, others. The heritable building right functions in legal systems of following countries: Germany, Great Britain, Netherlands, France, Austria, Estonia. The article aims at presentation of chosen legal solutions used in Germany in Law of the heritable building right and German Civil Code and their comparison with solutions proposed in Polish bill. ...
The paper presents the methodology to determine changes in the geometric structure containing the conducted measurements and feasible variants of calculations. The object of detailed studies, whose results are presented in this work, is the suspended roof of the open-air theatre in Koszalin. In the research conducted since 2006, a database that contains the results of more than 40 periodic measurements of the structure carried out in different (registered during measurements) external conditions (including different temperature, snow and ice load) was used. The previous research conducted at this facility, among others, (Deska 2013, Kaczmarek and Śpiewak 2014b), as well as for other structures (Odziemczyk 2014) draws attention to the important influence of the temperature load of steel structures and hence the need for its consideration when assessing the geometric state. Electronic total station and the polar method with freestationing were used in periodic measurements. The calculations used a comparative method (differences of coordinates) and tools of a statistical analysis as well as developed calculation models based on them. The results obtained using both approaches were compared and assessed by indicating both their possibilities and significant limitations. The application of the suggested methodology provides the correct determination of changes in the ...
The aim of this paper was to analyze the extent of checkerboard land in order to determine the priority ranking of areas intended for land consolidation works, in the municipality Sławno, in the Lodz region. A prerequisite to qualify the village for land consolidation, according to the Law of 26 March 1982 year by merging and exchange of land (Dz. U. z 2003r. Nr 178 pos. 1749 as amended), Is to collect more than 50% of signatures owners. On the other hand guiding principle for the qualification of the village to merge, within the framework of the program, the highest percentage of owners of acceding to this step. A common hurdle while collecting signatures from landowners, is that some of them live outside the village analyzed (land of non-resident owners plots).For picking areas for land consolidation works in the villages of the municipality Sławno, due to the size checkerboard land determined and calculated 9 factors characterizing each village. These factors were: x1 -% of land farms, X2 -% number of plots in the private sector, x3 - the number of inhabitants, x4 - the number of non-resident owners plots, x5 - the number of plots of non-resident owners plots, x6 ...
The paper presents the results of the tests, which aim was to analyze the elevation angle impact on the size of obtained output during the RTN measurements with Polish commercials reference stations TPI NETpro and VRSNet. Reference station access were used in experiment. That stations were done continuous, real time observations of the satellite signals from the GPS and GLONASS systems and they are ready to Galileo signals measurements. There are multiple, five seconds RTN observations in the paper, measured on four selected points in the area of the Centre of Innovation-Deployment New Technique and Technology in Ecological Engineering University of Life and Science in Lublin. Measured points were characterized by different degree of elevation angle: without any obstacles in nearest area, with obstacles in south-east side, with obstacles in north, south and east side and with obstruction in North side and partly obstacles south side. Observations were made in a couple of measurement series with elevation angles from 0 to 30 degrees. Afterwards results analysis were made for example: the amount of visible satellites of GPS and GLONASS system in the time of measurement and dilution of precision coefficient PDOP values. Received values of coordinates, RMS2D and RMS1D biases ...
Occurence of plot patchwork is a phenomenon which has negative influence at the agricultural production level. Southern and south-eastern area of Poland is characterized by a rather high fragmentation and presence a lot of factors which adversely influence the cultivation of agricultural land. In the article was analyzed the spatial structure of land in 29 villages of the Cyców commune, located in district of Łęczna, Lubelskie Voivodship. The authors use the method of zero unitarisation for the purposes of determining the order of undertaking consolidation works and exchange of land in the area of research. The basis for calculation is the database of 10 factors (x1- x10) accepted for three groups of issues. In studies focused on the land of natural persons divided into out-of-village owners and locals owners from Cyców commune. Essential changes in the agricultural space are possible to achieve only by consolidation and exchange of land. However, these activities could not be made at one time in all areas because of limited financial resources. There is therefore a need to determine the areas which first need consolidation and exchange of land. In the paper has been tried to determine which villages of the analyzed commune should be ...
Airborne laser scanning is modern and dynamically growing technology. It is perfect method for fast acquisition of digital data about terrain surface and its covering. Point cloud registered by airborne scanner has high enough accuracy to use it for many tasks for example: volume measurements of ground masses or excavated rock material in open‐pit mining. The objective of work was to measure volume of excavated deposits in open‐pit mining in Krapkowice. Along to popular AutoCAD software, freeware programs - GOM Inspect V8 and MeshLab were used for work with point cloud. The cloud was cleaned from unnecessary elements and polygonised to obtain 3D mesh model of terrain. The volume was measured based on solid fitted between terrain model and plane which was adopted as surface of mine before excavation started. Final effect met initial assumptions and confirmed that airborne laser scanning is very useful in this type of work. ALS technology will certainly be developed in the future and replace some of the traditional methods of measurement. ...
The study presents the researches covering the assessment of a current state of the agricultural lands in the village of Rudnik Stróża - voivodeship podkarpackie. The research material will include all lands belonging to people residing the examined village. The source data which are to be used will be obtained from the land register and the use of IT tools will allow to specify the necessary parameters of the plots and farms spatial shape. The basic element of the research will be a continual parts of the registered parcels of land covered by one form of usage. Detailed studies will concern the assessment of plots with arable land and plots earmarked for grassland and their location in the village. The output will allow to identify the positive and negative sides of the examined ground indicating the necessary changes in the area of its improvement. ...
The article covers the issue of changes in the scope of ownership of land bordering with the flowing waters. Detailed studies will be carried out on registered parcels of land, in the direct neighborhood of the river Ropa - the area of the city Biecz. The data obtained will allow to determine in what extent the flowing waters cause changes in the existing boundaries of the parcels, forcing a re-determination of the coastline, and what is the effect of the influence that waters have on the agricultural production area. ...
Land and buildings registry, according to the current rules in Poland, acts as a real estate cadastre. As a public register, is subjected to the current and periodic modernization. The aim of the modernization is to improve the quality of the collected data. The most satisfactory results in the process of modernization are obtained on the basis of geodetic field measurements. Photogrammetric measurements are a more economical solution, but their use carries a risk of failure in meeting the criteria of accuracy positions of border points. This paper represents a case study on the effects of the process of modernization of the land and building registry for areas where the source material are registry maps in the scale of 1: 2000, created on the basis of photomaps, or cadastral maps in the scale of 1: 2880. The aim of the study is to assess and verify the suitability of these materials in the process of modernization. The study was conducted for 30 registration precincts, located in the Małopolskie Voivodship. For the analyzed objects the following information was collected: the total number of parcels within the precinct and the number of parcels that meet one of the five criteria of ...
The modern trend of cadaster development in Poland is to create the Integrated Properties Information System (IPIS), a system for communicate with each included public registers. The basis of this system is the land and buildings register, which for the proper functioning needs to meet the conditions laid down in the law of geodetic and cartographic and also needs to provide reference data to other systems. Currently, the basic geodetic procedures - regulations having a direct impact on improving the quality of cadastral data in a comprehensive way is the modernization of the cadaster and land consolidation. The two above-mentioned geodetic procedures - regulations are decidedly different, they share only a common effect which is modernized cadaster, which is the operating condition of IPIS. The aim of the study is to demonstrate the superiority of cadastral effects of land consolidation on the effects of cadaster modernization, and to prove that the introduction of new cadastral administrative procedures named the "cadastral land consolidation" may be an alternative to the process of cadaster modernization towards to create a full value cadaster in Poland, especially in regard to rural communities. The scope of research, as a case study includes the Sękowa village in ...
This study will analyze the amendments to the legal provisions which refer to the entering of building structures into the real estate cadastre, contained in the Regulation on the register of land and buildings, introduced during the subsequent amendments, that is in 2013 and in 2015, with respect to the original text of 2001. This will form the background for the issue of a partial loss of the updated status of the database for the building records therein entered under the previous wording of the Regulation on the register of land and buildings, becoming effective as of the day the next amendment to the Regulation comes into force.The effects of these amendments will be analyzed, some of which should be considered positive, as the new provisions clarified the previous formulations, which remained unclear and gave rise to ambiguous interpretation of cadastral data of buildings. However, another part of the amended provisions makes the essential cadastral data of the buildings which are entered into the real estate cadastre outdated, despite no changes made in their construction. These essential data include, for example, status of the building or contour of the building, and the resulting built-up area. ...
An innovative method developed for estimating the highway impact on agricultural land allows determining all losses associated with the directions of this interaction. The basis for determining losses is the analysis of variability of land use and quality classes and the deployment of access roads to the land along the axis of the planned highway. Adopted measure of the multidirection impact of the highway on agricultural land is a specified amount of change in the value of land, at which determination only the diversity of the land suitability for agricultural production is taken into account. The developed method for estimating the highway impact on agricultural land is presented on the example of the designed section of the A4 motorway between Rzeszow and Tarnow with about 79 km of length. These are the areas located in the Podkarpackie Voivodship. The construction of one kilometer of the analysed section of the highway will cause the reduction of the agricultural land value amounting on average about 1,500 of cereal units. Taking land for the highway construction and its negative impact covers about 70% of the total loss of value of agricultural land. The remaining 30% loss of value of the land is associated ...
Starting in 1990, Poland faced the changes which initiated the process of transformation of the property owned by the State Treasury. This transformation related to the acquisition, conversion or transfer of property rights to the State-owned real estate to other entities. The essence of these changes, regarding real estate ownership, involved the implementation of the following basic assumptions:- derogating from the principle of the indivisibility of the property owned by the State Treasury,- clear identification of the entity entitled to the property,- limiting the possibility of an administrative intervention in real estate transactions.These assumptions specified the direction of the reform of the legal system. Property rights were constitutionally strengthened. Municipalities were given legal personality and a new category of property was introduced - municipal property. The subject transformation was carried out in various proceedings, such as municipalization, enfranchisement, acquisition of real estate by the Agency of Agricultural Property of the State Treasury, transfer of property to counties and provinces. Simultaneously with these transformation processes, there were returns of the real properties which proved unnecessary for the purposes for which they were expropriated, as well as restitution of religious property from legal persons. A very important issue are claims for restitution ...
This paper analyzes the influence of land reparcelling work on the extent of the modernization of the survey of the register of land and buildings. The study was conducted based on the survey of land records from before the reparcelling and on the reparcelling documentation. The scope of the performed work proves that land reparcelling is also the modernization process of the survey of land records within the meaning of the Geodetic and Cartographic Law. ...
