Exclusive use of a garden in a developer agreement - what does it mean in practice?

16.04.2024

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Exclusive use of a garden in a developer agreement - what does it mean in practice?

You're buying your dream house with a garden, and the sales representative has helped you choose the perfect option, considering your and your family's habits and preferences. However, the phrase "ownership share with exclusive use of adjacent green area" still worries you a bit. Does it mean that the neighbor can enter your garden or park their car in your parking space? Below, we explain how such co-ownership works in practice.

Co-ownership of land

The estate, developed by the developer, is located on a property, which is a plot that the developer purchased and owns until the last unit is sold and the appropriate documents are settled.
Then the land becomes co-owned by the residents in respective shares - similar to traditional, well-known apartment blocks.
There are many common areas in the estate, used by all residents, such as sidewalks, a waste shed, and a gate.
Here, none of the residents have the right to exclusive use of any part.
For maintenance and repairs, in case of damage, all co-owners contribute proportionally (usually covered by the maintenance fee).

But with the right to exclusive use

The situation is slightly different with private gardens.
They still lie on land belonging to everyone, but based on a special agreement (known as a quoad usum agreement), the owner of the unit to which the garden belongs has the right to exclusive use of it, while the rights of other residents to that part of the property are excluded.
By signing the purchase agreement for your house, you also declare that you will not use your neighbor's garden.
Sounds clear and reasonable, right?
So why can't the garden area be "included" in the apartment's area and sold with it as property?

Maintenance, repairs, emergencies

Underneath your garden, there are installations such as rainwater drainage, and in case of emergencies or the need for maintenance, the relevant services must have access to them.
Sometimes, garages are built under the estate, to which many systems, such as ventilation, belong.
Therefore, it is not possible to plant trees and shrubs with extensive roots, as they can lead to the destruction of the structures.
For the same reason, it is not possible to dig a pond or build a building on foundations.
The estate functions as one large organism, and every resident, as its co-owner, ensures the proper functioning of all systems.

Purchasing a house with land versus purchasing a house with co-ownership of the land and exclusive use rights

You might consider that it may be better to buy a separate plot of land and build a house on it.
Everything has its pros and cons.
On your own plot, you will be able to construct many buildings with foundations (your only limitation being building regulations), dig a pond, or plant an orchard.
However, connecting to municipal water, sewage, or heating installations will remain your responsibility.
The same goes for all repairs and maintenance.
It's also worth noting that being the owner of the land (to the depth required for proper functioning - as defined by Polish law), you are not automatically the owner of items found in that land (such as minerals or historical artifacts).

In summary, living in an estate, you are part of a community (just like in an apartment block), yet having your own house with a plot of land, you remain an individual.
It's worth considering what is valuable to you, what matters most, and based on that, make the best decision for yourself.

We hope that we have shed some light on this serious issue of sharing land and the exclusive right to use its parts.
Now you know that neighbors will not have the right to be in your garden, and you can arrange it according to your needs without worry.
A swing, a small greenhouse, or a vegetable garden?
No problem, buy your house with a garden from Novisa Development and make your dreams come true!

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