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Anita Kwartnik-Pruc

Abstract

The register of land and buildings is an essential source of information on real estate. The use of cadastral data in land management is manifold, starting from spatial planning, through the calculation of taxes, the designation of real estate in land and mortgage registers, and finally, in real estate management. The accuracy of information from public records, i.e. the register of land and buildings, obtained by entities managing property has a direct impact on the correctness of the conducted processes of land management. Data necessary to determine the position of boundaries of cadastral parcels are taken from surveying documentation accepted into the national geodetic and cartographic resource database. If there is no such documentation, or the data contained therein are not reliable, information on the boundaries of cadastral parcels are obtained by means of field or photogrammetric surveys, preceded by the determination of the course of these boundaries.

The present article analyzes the requirements of legislature regarding real estate data contained in the register of land and buildings. The possibility of capturing such information using an innovative method of laser scanning was also identified and tested. The object of the research was a fragment of the Old Town in Cracow, which had previously been covered by classical surveying. Based on the national geodetic control points and in relation to the National Spatial Reference System, with reference to GNSS, surveys of buildings arranged in a compact development were performed with a terrestrial laser scanner in order to compare the accuracy of determining real estate boundaries using these two methods. Possibilities of collecting data on the developed real properties that could be incorporated into the 3D cadastre in the future were identified and the quality of the obtained information was rated.

Open access

Anita Kwartnik-Pruc

Abstract

Administrative proceedings regarding the approval of a draft property division are governed by the provisions of the Real Estate Management Act. On 22 September 2004, under the provisions of the Act of 28 November 2003 amending the Real Estate Management Act as well as some other acts (Journal of Laws No. 141, item. 1492), the text of the Real Estate Management Act was supplemented with article 98 b, which states that “the owners or perpetual users of the properties shaped in a way that hinders their rational development may submit a joint application on their merger and re-division into parcels of land, if they are entitled to uniform rights to those properties”.

This provision introduces detailed regulations regarding the necessary conditions for a merger and division: a commitment to carry out an exchange procedure in the form of a notarial deed, uniformity of the rights to the property, a conditional decision to approve the merger and division, and the need to convey the rights to the property within the date specified in the decision. Municipalities encourage this type of activity, that is conducting local mergers and divisions, because it does not engage them directly. The municipality does not finance these proceedings and there is no obligation to build the necessary technical infrastructure, as is the case in the event of a merger and division of a property. Problems with the implementation of merger and division procedures contained in the example analyzed in this article prompted the author to a deeper analysis of the regulations of article 98b of the Act on Real Estate Management, which revealed them to be insufficient. The legislature assumed that a property is created as a result of a merger, which will then be divided into plots of land. However, a merger implemented in such a way, at an intermediate stage, results in the emergence of a plot of land labeled as one record parcel, the individual parts of which belong to different entities and are disclosed in different land and mortgage registers. The plot is recorded both in the mortgage register and in the land registry. Based on the analysis of a specific case, practical problems were presented, regarding determining the content of the regulation and the decision issued during administrative proceedings, associated with the formulation of a notarial deed of the obligation to carry out the exchange procedure and the exchange itself as well as the disclosure of the merger and division in land and mortgage registers. Sources of the problems were identified and supplementation of insufficient legal regulations was proposed.

Open access

Anna Trembecka and Anita Kwartnik-Pruc

Abstract

This research paper discusses the issue of the influence of claims for restitution of expropriated real properties on the process of managing public property. Owners of expropriated properties in Poland are protected in the real estate management process. It consists in the legislator imposing an obligation on the public legal entity to notify the entitled persons about the possibility to seek restitution of their properties if the intended purpose of expropriation has not been implemented and if the property is planned to be used for other purposes by the executive body. The thesis of this research paper is the statement that current legal regulations, in particular as regards the obligation to notify former owners, bring about problems in the process of the managing real estate owned by the State Treasury and local government units. The objective of this research paper is to identify problems in the process of public property management with respect to the rights of former owners to seek restitution of expropriated properties. Amendments to the regulations on real estate restitution were proposed in order to streamline the processes of rational real estate management, while respecting the principle of protecting property rights.

Open access

Edyta Puniach and Anita Kwartnik-Pruc

Abstract

Construction surveying consist in overall surveying works performed at every stage of the construction and use of a building structure. The surveyor participates in the processes of designing, direct implementation, maintenance and use, as well as demolition of a building structure. Advanced surveying techniques, such as laser scanning and UAV photogrammetry, are being increasingly used to perform the surveyor’s tasks. The aim of this research paper was to analyze the Polish legal regulations for the possibilities of applying the above-mentioned techniques to carry out the surveying works which are subject to the obligatory submission to public administration authorities. The primary focus was placed on the type of the works associated with construction surveying. The conducted research studies confirmed the lack of appropriate guidelines that would clearly define the scope and method of using laser scanning and UAV photogrammetry in construction surveying. At the same time, it was demonstrated that both these techniques of spatial data acquisition were sufficiently accurate to perform plane and vertical land surveys pursuant to the legal acts currently in force in Poland, and they can be used at selected stages of construction surveying. Finally, the authors proposed some solutions that would make it easier for the surveyors to use laser scanning and UAV photogrammetry in standard surveying works.

Open access

Agnieszka Bieda, Anita Kwartnik-Pruc and Edyta Puniach

Abstract

Large-format advertisements are becoming a more and more common element of building facades, especially in city centers. Placing an object of this type is not without significance to the real property management. A large-format advertising billboard on the facade, on the one hand, is associated with the possibility of renting advertising space, on the other - it can lead to the occupancy of a right-of-way, which results in a necessity to pay appropriate fees, in the amount regulated by the Act on Public Roads. Placing an object such as a large-format advertising billboard in a right-of-way requires a permit of the manager of this road. However, if a billboard is located on the facade of a building, occupancy of the right-of-way is not always the case. If the boundary of the road parcel runs along the contour of the building, a billboard placed on the elevation will always occupy the right-of-way. However, property boundaries often run at a distance from the building. Such situations - desired by managers - result in a noticeable increase in demand for surveying opinions to determine what part of the right-of-way is occupied by a large-format advertisement. This article analyzes the cases of the right-of-way being occupied by large-format advertising placed on the facades of buildings in the city center. For selected objects, information was obtained from public records, National Cartographic Documentation Center database, and direct surveying was performed with various techniques. This allowed for an objective assessment of the possible use of available surveying methods and the acquired spatial data to determine the right-of-way occupied by large-format advertisements for purposes of real estate management.