Ownership is regulated by Polish Civil Code in line with the principle of jus in re prioria (right of enjoyment). Article 140 stipulates that, as long as legislation and social cohesion allows, the owner of a property can exclusively use it in line with its given purpose including profiting from it financially. That same principle bestows on the owner the right to dispose of the property as they see fit. Article 143 clarifies the legal view of real estate thusly — that a piece of real estate comprises as property what extends above the area in question and what lies below it within limits set by societal and economic factors. Additional clarification of what real estate is constitutes a necessity as land is functionally and necessarily three-dimensional. A common sense approach considers, therefore, up and down as possible directions of movement.

Interestingly, there is such a thing as “aerial real estate” as can be observed in Sweden for example. Ownership of this type of real estate works much the same as the aforementioned regular type, except the Swedish model assumes that space above ground can be separated into cuboid spaces. Those spaces in turn can be sold and one can hold a title to them. This is not the Polish model, however.

The mere fact that there are limits to how far up and down one can go, a prospective real estate owner ought to familiarize themselves with a host of various regulation concerning possible constraints in both directions.

geological and mining regulations

waterways regulations

aviation law and “airspace” intrusion.

When we think of, especially the third item, what comes to mind is aircraft violating a country’s airspace. However, airspace in this case begins much closer to the ground and is also impacted by trees and man-made structures. A property owner, therefore, does not need to be a pilot with his own airplane to run into trouble because of what he placed into the space above his property. Smoke and fumes likewise go up and not down.

What we have mentioned so far, however, is only the tip of the iceberg when it comes to regulation which could determine your profit or loss on acquiring or selling a property. Civil code takes care of some aspects of this regulation. A property owner usually has neighbors and said neighbors need to be able to access their own property. The aforementioned is possible to lie behind an individual’s property and thus their neighbor claims right of way through the other’s property and must be granted it. Important infrastructure projects constitute another possible problem for property owners whereby they might have to contend with eminent domain. When a company is contracted to install sewage pipes or power lines, oftentimes they need to pass through somebody’s property. These are only some of the most common annoyances that property owners have to sometimes face. To name just a few more real life examples, let us mention article 150 of the code saying that the owner of a property can freely cut off and keep the roots of greenery growing on adjacent properties. The same is true of branches and fruit of any tree that overhangs the fence separating the two properties although, in this case, the property owner intruded upon ought to give the other sufficient time to withdraw their fruit-bearing tree branches. All this applies both ways obviously but, at the time when a property owner wants to sell the property at a profit, do they really need a neighborhood feud?

The Internet allows us to look at these matters quite differently. Tokenization makes it possible to cede all of those rather uncomfortable situations described above to the individual who holds the title to the property and manages it. Thus one is not the owner of a property but, instead, only benefits from its reselling. Could one truly ask for more? Visit: https://fortemcoin.io/

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