1 Is the area of the property is important
How big can be a lot, so I can sell it without restrictions? Can we freely dispose of such a 2 hectares – asks Mr. Martin. In turn, Mr. Christopher, who owns agricultural property with an area of 1.5 hectares, wonders whether the entry into force of the new regulations mean that you will not be able to sell it for 5 years.
the area of land affects the powers of both the Treasury and individual farmers. One of the first provisions of the new act applies to the real estate of less than 2 hectares. The Treasury is free to sell such land, regardless of whether they have a purpose agricultural or not. It applies, however, only the Agricultural Property of the Treasury. Therefore does not apply to private entities. Therefore, there is no possibility that farmers were free to sell the land with an area of less than 2 hectares.
To find a provision for an individual farmer, you have to analyze the changes made in the law on the formation of political system farm. They show that the restrictions on the sale does not only apply to such property, where the surface is less than 30 acres (3000 sqm.). For a potential seller is the paltry consolation, because the law does not allow surveying to lay such a small plot of land. So it is impossible to get around the law by separating the property with an area of less than 30 acres and then sell it. The exception is when it comes to enlargement of adjacent agricultural land, but then it is necessary decision adminstracyjna
The legislator did not stop the two laws governing definitions using surface and introduced again. Namely, a farm within the meaning of the Act is that organized the whole economy, in which the property has an area of at least 1 hectare. This does not mean, however, that anyone can purchase one that has less than 1 hectare, because it is not a farm. One must remember to limit the sale of land having at least 30 acres. The definition of a farm but has an impact on many other rights and duties of farmers. It should be used as an example. Now, freshly baked farmer who do not have land to buy part, must demonstrate, among other things, that will lead the family farm. It should meet a variety of conditions, including those that are placed on a farm has. Therefore must have an area of at least 1 hectare.
Regardless of whether Mr. Krzysztof runs a farm, whether it is only the owner of the property, the law applies to it. This does not mean that for 5 years can not sell the land, the limitation concerns the only real estate owned by the Treasury. Do not introduced him to other players who want to sell the land. However, we must remember that ownership of agricultural property can be transferred only to the specified by law entity.
The legal basis
Art. 1, Art. 2 paragraphs. 1 point 4 of the Act of 14 April 2016. To suspend the sale of real estate of the Agricultural Property of the Treasury and on amendments to certain acts (OJ pos. 585).
Art. 1, Art. 1a, point 2 of Article. 2 Section 2, Article. 5 paragraph. 1 of the Act of 11 April 2003. Shaping the agricultural system (Journal of Laws of 2012. Pos. 803 as amended.).
2 Kim is the individual farmer
For 20 years, I own agricultural property – says Mr. Jaroslaw. – I’m going to go abroad. However, I could not sell the land before changing the law. I know I can sell it only to the individual farmer. What are the characteristics of such person – the reader wonders.
Indeed, in principle, the buyer of real estate can only be an individual farmer. It is the natural person who is the owner, sole owner or leaseholder of agricultural property. The surface property of earthly farmer after buying the role does not exceed 300 hectares. If the property is the subject of joint ownership, taking into account the share. The exception is the co-ownership of the total. In the case of spouses need to calculate the total agricultural area.
Farmer individual shall have appropriate qualifications:
● agricultural education vocational, secondary or higher
● title of the qualification or professional degree;
● professional title of master of the profession useful for agricultural activities and at least 3 years of service work in agriculture;
● higher education other than agriculture and at least 3 years work experience in agriculture;
● higher education other than Agriculture and completed postgraduate studies in the field related to agriculture;
● secondary education other than agriculture and at least 3 years work experience in agriculture;
● primary, secondary or vocational, other than farm and at least 5 years work experience in agriculture.
another condition is the obligation of residence in the municipality in which there is one with the property that make up the farm. This means that Mr. Jaroslaw will not be able to sell the land to a person who lives even in the near municipality, if the area is not located at least one of the properties included in the farm.
There also need to conduct personal farm for at least 5 years. Condition is satisfied when a person is working on the farm and take all decisions on its activities.
As for the required work experience, it counts the period in which the farmer:
● subject to social security for farmers;
● operated a farm with an area of not less than 1 hectare, which was his property, subject to perpetual usufruct, spontaneous ownership or lease;
● was employed on a farm under a contract of employment or cooperative contract of employment and any work related to agricultural activity;
● performing work related to agricultural activity as a member of the cooperative agricultural production;
● took an internship covering the performance of activities related to agricultural activity.
proof of personal conduct farm is a confirmation of the mayor, the mayor or city president. On the other hand, reside in the municipality confirmed a confirmation of permanent residence. The buyer must also declare that it is a farmer individual, and the surface of his farm does not exceed the result of a transaction of 300 hectares.
Farm family is a farm run by the individual farmer, the total area of arable land is not less than 1 hectare and not more than 300 hectares. Farm this land along with their parts, equipment, inventory and rights, if they constitute or may constitute an organized economic unit.
Legal basis
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