RIGHT OF PRE-EMPTION TO LAND UNDER INLAND STANDING WATERS

Abstract

In the Polish legal system, the statutory right of pre-emption could be exercised in respect of various types of real properties. Some of them, due to their specific characteristics, are protected by the state, such as agricultural real properties or forest land. However, the scope of the pre-emption right is sometimes unclear and the application of this right can lead to problems in practice. This claim can be made against the right of pre-emption to land under inland standing waters due to the fact that the definition of inland standing waters may be complicated. This article is focused on the complicated scope of the right of pre-emption to land under inland standing waters and shows, by means of specific examples, which aspects need to be verified during the examination and whether the pre-emption right should be exercised. After a brief introduction to the subject discussed, the author presents the key definitions used in the Water Law. The next part of the article discusses relevant issues concerning the definition of real property. The author also examines individual cases in which real property meets the legal requirements for the application of the right of pre-emption, but the exercise of this right is doubtful. The final part of the article is a summary of the author’s reflections.