Nieruchomości@ (Jun 2022)
Real estate cadastre as a register of land, buildings and premises. Proposal to repeal the term land and buildings register introduced by the 1947 decree.
Abstract
The article concerns the necessity to change the regulations contained in the Act of 17th May 1989 Geodetic and Cartographic Law within the scope of concepts indicated in it: land and buildings register and real estate cadastre. The concept of land cadaster, at that time called a land cadaster, appeared in the Polish law of the interwar period together with the beginning the process of unification of the cadastral system in Poland after the partitions of the country. After the Second World War, the term cadastre was introduced and defined by the Decree of 24th September 1947 on land and building cadastre, which was in force until 1955. Afterwards, by a virtue of the Decree of 2nd February 1955, the legislator replaced the definition of term cadastre with another term - the land and building register. The definition of the land and building register, which was then inherited by the Act of 17th May 1989 the Geodetic and Cartographic Law, was functioning independently until the amendment of the Act Geodetic and Cartographic Law in 1998. In this amendment, the legislator added Article 53a, according to which "Until the transformation of the land and building register into a real estate cadastre the term >>cadastre<<, as used in the Act, shall denote the register mentioned above". The article hypothesises that the addition of the transitional regulation contained in Article 53a as a result of the amendment of the Geodetic and Cartographic Law practically causes that the term "register of land and buildings" introduced by the decree of 1955 may never be removed from the content of the Geodetic and Cartographic Law. On the basis of an analysis of 17 acts, the article shows that such a provision causes negative effects resulting in the application of conceptual dualism in many created and amended laws. As a result of the research, mostly of a dogmatic and legal nature based on the analysis of the legislation in force, it was stated that the Geodetic and Cartographic Law lacks any regulations aimed at implementing the content of Article 53a. Therefore, this study proposes an amendment to the content of Article 53a, which would result in return to the name of the real estate cadastre, which is a system of real estate registration that is widely accepted worldwide and has been used for 2000 years.
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