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Perpetual lease

The Supreme Court of Poland, considering the legal issue in the case no. III CZP 49/16, ruled on 22 March 2017 that an autonomous possessor of a property given for perpetual usufruct, may acquire such property by adverse possession.

This Supreme Court’s resolution is in line with the earlier resolution of the Supreme Court, adopted by a panel of 7 judges on 9 December 2016, in the case no. III CZP 57/16. In that resolution, the Supreme Court pointed out that there are no legal obstacles for an autonomous possessor of a property given for perpetual usufruct to acquire such property by adverse possession, but only if one has sufficiently manifested his status of autonomous possessor. Such acquisition of ownership results in expiration of perpetual usufruct.

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