A GROUND EASEMENT TO A PUBLIC ROAD WITH THE CONTRACTUAL USE SPECIFICATION OF A ROAD LANE

An important matter in the field of real estate management in Poland is the rule that each land parcel should possess an access to a public road. Therefore, during a division procedure of any parcel, the licensed land surveyor has to set up such an access on a proposed division map. According to Polish regulations there are two main possibilities to establish an access to a public road. The first one is based on division of a new parcel which will be treated as a road parcel, while the second one is based on establishing “the ground easement” which gives opportunity of a road line. The ground easement serves not only as a road line for driving and walking, but also for providing access to media utilities. Utilities like electricity, water, sanitation, gas and others may be conducted through the road line of a ground easement and it also serves for its maintenance. The local land development plan, shortly known as a “local plan”, estimates development possibilities which depend on the area of the parcel. So called building intensity is estimated as a percentage of the area of the parcel in relation to the land category fixed in a local plan. Depending on how the access to a public road is provided, the development possibilities differ. The applied solution has economic impact on development possibilities and usage of a parcel. From technical point of view the Real Estate Management Act of 21 August 1997 imposed necessary regulations concerning parcel divisions but a ground easement may be established by a notarial act.