Obciążenie nieruchomości skarbowych I samorządowych ograniczonymi prawami rzeczowymi – zarys problematyki
Encumbrance of Real Estate Owned by the State Treasury Or Other Self-government Units With Limited Property Rights – Outline of Issues

Summary/Abstract: This article presents issues concerning the encumbrance of real estate owned by thestate treasury or other local self-government units with limited property rights, in particularin the context of the admissibility of the free-of-charge encumbrance of public real estatewith limited property rights. Article 13 of the Act of 21 August 1997 concerning real estatemanagement (consolidated text, Journal of Laws of 2015, item. 1774, as amended) providesthat, reserving exceptions arising from laws, public real estate can an object of trade, and oneof the forms of trade is the encumbrance of these real estate with limited property rights. Onthe other hand Article 14 sec. 2 of the same Act provides, that the real estate owned by thestate treasury can be encumbranced, free-of-charge, with limited property rights for the sakeof local self-government units. Real estate owned by local self-government units can be thusencumbranced with limited property rights for the sake of the state treasury or other localself-government units free-of-charge. In the background of these provisions the question oftheir interrelation remains, in particular, wether Article 14 sec. 2 of the Act concerning realestate management, determines all the situations (exclusively and in a closed manner), whenthe allowed encumbrance of real estate owned by the state treasury (or local self-governmentunits) with limited property rights will be free-of-charge, or whether the provision appliesonly to a certain, specified area, and therefore does not exclude the possibility of the free--of-charge encumbrance of treasury(or self-government unit) owned real estate with limitedproperty rights, and more so as the appointed law provides other forms of free-of-chargedisposal of real estate owned by the state treasury and local self-government units, e.g. thedonation agreement or lending.

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