Termin precyzyjny, zrozumiały dla prawników, używany w sądzie i umowach cywilnoprawnych.

kodeks cywilny art. 232-243
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The right of perpetual usufruct is peculiar to Poland and, as a particularly common form of title to land, is of particular legal importance in many real estate transactions. In this respect, it is important to note certain limitations regarding the transfer of such title. In particular, the timing of submission for registration of a perpetual usufruct is of material concern.

Right of Perpetual Usufruct

The right of perpetual usufruct is a Polish-specific type of right in rem, which grants to the perpetual usufructuary a wide scope of rights, including the right to use the associated real estate and to dispose of such right to the exclusion of other persons. The right of perpetual usufruct to land is linked to an inalienable ownership of any buildings and other facilities situated on the land. The scope of the rights of a perpetual usufructuary are close to that of an owner, with the following discrepancies:

- Similar to a leasehold title, the right of perpetual usufruct expires when its term lapses (unless it is extended). The initial term of the right of perpetual usufruct may range from 40 to 99 years (in most cases 99 years) with an option to extend for an additional period.
- A perpetual usufruct can be established only by the State Treasury, the applicable local authorities or their associated unions on specified types of land owned by them.
- The perpetual usufructuary is obliged to pay an initial charge when the right of perpetual usufruct is established, along with annual fees payable throughout the term of the right and calculated as a percentage of the value of the land (occasionally re-adjusted to reflect changes in land values).

A right of perpetual usufruct should be considered somewhere between freehold ownership and a leasehold. It is a stronger right in rem than other contractual titles or limited rights in rem, as it can be easily transferred to third parties, including by way of sale. However, it has a limited duration (in contrast to full ownership) and there is an obligation to pay annual fees to the applicable authority. However, in Poland rights of perpetual usufruct hold a position of vital importance, particularly when compared to leasehold rights, as under Polish law, lease agreements and tenancy agreements may be concluded only for a fixed term (a maximum of 10 and 30 years, respectively).
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