Usufruct Agreement Po Polsku

The head of the family acquired the usufruct of the country and was able to pass on this right to his male descendants after his death. Nevertheless, it could turn out that the usufruct plays a role in the recovery of the city. For the duration of its right, the perpetual usufruct is required to pay the annual rent (the “royalty”). The first payment for an RPU is between 15% and 25% of the price of the land, while the normal annual fee for an RPU is 3% of the value of the property set by a good real estate auditor chosen by the municipality and not by the eternal usufruct. The property may be reassessed under the law or at the request of the eternal usufruct, but not more than once a year. If the tax is reassessed under the law, the revalued fee is determined on the basis of the previous percentage applied to the value of the property at the time of the revaluation. A competent authority intending to reassess the annual fee of a UCR should terminate the previous amount in writing by 31 December of the previous year, while setting the proposed new rate. Ownership of the assets does not pass and the usufruct disappears on death or at the end of a period of one year. A SPS may also be established on the basis of an agreement (the “SPS Agreement”).

Such an agreement, which must take the form of a notarial deed, determines the duration of the SPS and the manner in which the property is to be used. The creation of a right of usufruct of indefinite duration for the immovable property or the transfer of such a right to another person must be registered in the register of immovable property and immovable property. The limitation period for the claim against the holder of usufruct of indefinite duration for damages resulting from the improper use of the land and for claims of the owner of indefinite duration against the governmental authority for the remuneration of buildings and facilities located on the land is three (3) years from the date of expiry of the SPS. Buildings and other facilities constructed by the perpetual owner of the usufruct on land held by the State Treasury or by entities of the local government or its trade unions belong to the perpetual usufruct. The same applies to all buildings or other installations acquired by the usufruct of indefinite duration at the time of the conclusion of the contract for the award of the SPS. The eternal usufruct is allowed to recover the market value of such buildings and installations at the expiry of the SPS.

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