Status prawny budynku lub innego urządzenia z art. 151 k.c.
Legal status of the building or other device mentioned in art. 151 Civil Code

Summary/Abstract: The article refers to the legal status of a building which was constructed encroaching the border of neighbouring land. In such a case part of the building is placed on one real estate and the other part on another real estate, belonging to someone else. In legal doctrine and jurisprudence three possible solutions of this problem were proposed. According to the first approach, the whole building becomes a component of the „starting” real estate. According to the second approach the part of the building positioned on another’s land becomes part of this land and therfore property of this land’s owner. According to the third approach – until proper land servitude is established (building servitude), the second approach should be adopted and after the servitude is established – the first approach. The author of this article adopts the second approach, pointing out that among many arguments in this discussion, superficies solo cedit rule is of decisive significance.

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