Surveying Protection of Agricultural Land in Poland

Abstract

Ownership of agricultural property gives its owners special powers, but also imposes on them a number of restrictions arising from law. These restrictions apply to both how to acquire and sell such property. They provide additional protection of agricultural land and have a relationship not only with the EU subsidies for agricultural production but also the need for deliberate planning for the countryside. First it should be noted the right of pre-emption of the real estate by the Agricultural Property Agency and the ability to block or cancel the sale if the seller and buyer do not comply with the required formalities. In most cases, the Agency is the seller, so it means that it can shape the rate of sales prices. On the other hand, as a unit under the Treasury it is obliged to comply with the law on public procurement and to protect the public interest. Legal issues related to the management shall be governed by national rules, adapted to the European directives and treaties. Another issue is the agricultural property divisions, which are held in a simplified form, however, maintain the minimum area of land resulting from the surveying division. Such restrictions are to prevent excessive fragmentation of agricultural land. If the existing patchwork of land was made from too small plots, there is a possibility to make integration and exchange of land. It has the nature of the collective spatial effort, which effect will improve the area structure of agricultural holdings and shall be created more favorable conditions for the management of agriculture. Important are also the possibilities of development the agricultural land. It can be done, only if the creation of a farm building will be used for agricultural production. Vital issue, maintained in this article, is also the issue of the exclusion of land from agricultural production in order to use them for non-agricultural holdings.