Issues Related to the Acquisitive Prescription of Agricultural Property by the Individual Farmer

Abstract

According to Article 172 § 3 of the Civil Code, title to agricultural property may be obtained by way of usucaption only by the individual farmer. This regulation has given rise to numerous doubts as to its interpretation. It should be noted here that for the purpose of determining the scope of application of this provision, one should not make references to the Act of 11 April 2003 on shaping the agricultural system to the extent that the same does not result directly from Article 172 § 3 of the Civil Code. Particular difficulties occur with the application of Article 172 § 3 of the Civil Code to mixed type of property, which is only partially agricultural, held under acquisitive prescription by a person who is not an individual farmer. In this case, one should assume that the person in question may only acquire title to the non-agricultural portion of such property. In the event of usucaption of agricultural property by the individual farmer, the Agricultural Property Agency may exercise its right of acquisition under Article 4 of the Act on shaping the agricultural system. However, this solution is highly dysfunctional as the exercise of the right of acquisition by the Agency may lead to division, or even liquidation, of the family farm run by the individual farmer.