Open AccessNotion of an appropriate access to a public road or farm buildings pursuant to Art. 145(1) of the Polish Civil Code
Author(s) -
Michał Warciński
Publication year - 2019
Publication title -
nieruchomości@
Language(s) - English
Resource type - Journals
eISSN - 2719-8030
pISSN - 2657-8247
DOI - 10.5604/01.3001.0014.0542
Subject(s) - easement , interpretation (philosophy) , real property , property (philosophy) , civil code , scope (computer science) , public access , business , public property , law , property rights , law and economics , political science , public administration , computer science , economics , programming language , philosophy , epistemology
The performance of the title to the land pursuant to its social and economic purpose requires,as a rule, an appropriate access to a public road as such access constitutes one of the basic needsof each real property owner. However, the location or configuration of the real property maylimit or even exclude it. Granting the easement of the necessary road lies within the competenciesof legal institutions allowing an appropriate access to a public road (Art. 145 of the PolishCivil Code). This institution allows the establishment by court of the real property easementensuring the easement of access even against the will of the owner of the potentially encumberedreal property. The grounds to establish such easement include lack of an appropriate accessof the real property (or farm buildings) to a public road. The article analyses the case-lawand literature concerning the interpretation of the notion of an appropriate access to a publicroad; the well known concepts were systematised and new interpretation variants were proposedin the scope of some aspects.