Dopłaty i odszkodowania z tytułu scalenia i podziału nieruchomości
Surcharges and compensations on account of consolidation and division of a real estate property

Summary/Abstract: Administrative and legal interference in the sphere of the real property rights constitutes one of the most frequently occurring indemnity circumstances. Surcharge and compensation function as mechanisms established on the grounds of the real estate management act which compensate for a material damage caused by a takeover or division of a real estate. Despite the convergence of the compensating function, the two issues differ considerably in substantive bases, as well as in the mode of their establishment. The essence of the surcharge is a supplementary payment to the value of a real estate, when granting a real estate of equivalent area is impossible. However, the compensation functions as a tool of discharging a owner’s claims related to a material damage resulting from a takeover by a public administration body of a real estate necessary for construction site or a road broadening.

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