Szczególne obowiązki umowne nabywcy nieruchomości z Zasobu Własności Rolnej Skarbu Państwa

Abstract

The Act on Management of Agricultural Property Stock of the State Treasury contains a regulation on contractual obligations imposed on the purchaser of an agricultural property acquired from the Agricultural Property Stock of the State Treasury. These obligations are not imposed on the purchaser by operation of law, however, there is a requirement that they have to be included, in certain cases of acquisition detailed in the provisions of the Act, in the content of the real estate sales agreement. The sales agreement has to stipulate that the purchaser is prohibited from selling the real estate for a period of 15 years from its acquisition; the purchaser is obliged to conduct agricultural activity on the purchased property; and that during this period, the purchaser may not encumber the property with any mortgage. Any violation of the aforementioned stipulations shall result in the purchaser’s obligation to pay an amount equal to 40% of the property’s sale price. In addition, the legislator has introduced the obligation to pay this amount in the event that the purchaser makes any false statement or representation as to the origin of the funds allocated to the purchase of the real estate. The provisions relating to the issues raised in the article cause a number of interpretative doubts as to their correct understanding. In particular, this applies to the legal nature of the obligation to pay an amount equal to 40% of the price of the purchased real estate property.