Obrót gruntami rolnymi w praktyce notarialnej
Trade in agricultural land in notarial practice

Author(s): Mateusz Mierkiewicz
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: agricultural land; notarial act; preemption; farmer; real estate trading
Summary/Abstract: Trade in agricultural land is a significant part of the activities performed by a notary public. A notary is obliged to exercise due diligence in the preparation of notarial deeds and to ensure the protection of the interests of both parties of the notarial activity. In the case of trade in agricultural real estate, a notary must pay attention to whether a given real estate is an agricultural property within the meaning of the Agricultural Act and whether it can be acquired only by an entity with the status of an individual farmer. It must also be kept in mind whether the right of pre-emption is updated in case of sale of a given property. In addition, the notary must receive appropriate statements from the parties, attach the required documents to the act and instruct the parties as to the legal consequences of the conclusion of the contract.

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