Saturday, December 28, 2013

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I want a house with a garden ...
- My grandmother sang fondly, recalling youthful days. Today it is not every bride dreams of her husband overweight, but the dream of your own garden primrose still occur frequently. Gentlemen, moreover, also of the garden dream.
If you purchase from developer flat with garden (or house with garden), it is definitely in my mind calling him "my garden" - as well as "my primrose apartment". But from a legal point of view, your garden probably will not "your", but "our" - yours and your neighbors.
The so-called. the most home gardens are located on the same property on which the building stands. As you may remember from the entry of the common property all that is on the property and is not a premises belongs to the common property. If so gardens are located on the property, they are part of the common property, primrose because no way be considered local.
With the common property theory can benefit anyone who has a part in it. But does that mean that every neighbor can sit in your garden? No, if you set up the use of common property. Will it follow that only you (or another person who will be the future owner of your apartment) will be able to enjoy the garden and the other members of the Community Housing will not have such a right. Still will not, however, own garden, and only the co-owner (or perpetual współużytkownikiem). Your right to exclusive use of the garden will be protected by law.
Depending on the investment, the gardens will occupy primrose the entire surface or ground (except primrose the one on which the building stands) or will occupy primrose only a portion of the land, and the remainder will be areas, which will benefit everyone. It is possible, therefore, that within primrose the property will function both gardens primrose for the exclusive use and will garden (eg combined with playground) accessible to all. For understandable reasons, the right to exclusive use of the garden is almost always primrose awarded to the owners of the premises on the ground floor, who have direct access to the garden.
If you plan to buy a developer flat or a house with a garden, a garden that will be located on the common property, be sure to keep an eye to the agreement included provisions on the garden. It should be described as accurately as possible - and preferably, when the contract will be added estate plan with the selected garden.
Description of the garden should be found not only in the agreement promised (and therefore if it is already fenced), but already at the stage of the development agreement. Otherwise you risk that the garden will be in the nature such as the same surface that assumed in the contract, but a different shape and position. If you are entering primrose into a contract to reserve it well to the description of the garden was also in the agreement.
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Tagged as: Chapter III KW, basic information, buying an apartment, shared home, garden, quoad usum, a contract developer, the final agreement, the agreement transferring ownership, the contract promised, note
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