A GROUND EASEMENT TO A PUBLIC ROAD WITH THE CONTRACTUAL USE SPECIFICATION OF A ROAD LANE
Oglądaj/ Otwórz
Data
2016-09Autor
Florek-Paszkowski, Ryszard
Cienciała, Agnieszka
Metadane
Pokaż pełny rekordStreszczenie
An important matter in the field of real estate management in Poland is the rule that each land parcel should possess an access to a public road. Therefore, during a division procedure of any parcel, the licensed land surveyor has to set up such an access on a proposed division map. According to Polish regulations there are two main possibilities to establish an access to a public road. The first one is based on division of a new parcel which will be treated as a road parcel, while the second one is based on establishing “the ground easement” which gives opportunity of a road line. The ground easement serves not only as a road line for driving and walking, but also for providing access to media utilities. Utilities like electricity, water, sanitation, gas and others may be conducted through the road line of a ground easement and it also serves for its maintenance.
The local land development plan, shortly known as a “local plan”, estimates development possibilities which depend on the area of the parcel. So called building intensity is estimated as a percentage of the area of the parcel in relation to the land category fixed in a local plan. Depending on how the access to a public road is provided, the development possibilities differ. The applied solution has economic impact on development possibilities and usage of a parcel. From technical point of view the Real Estate Management Act of 21 August 1997 imposed necessary regulations concerning parcel divisions but a ground easement may be established by a notarial act.
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