Perpetual usufruct – objection to the court
The law firm filed an objection to a court of general jurisdiction against a ruling of a local government appeals college dismissing a client’s request to establish that the owner’s revaluation of the perpetual usufruct fee was unjustified.
Despite years of stagnation in the real estate market, the Treasury and local government units have been continuously increasing perpetual usufruct fees. It remains for perpetual users to enter the dispute and challenge the update first in administrative proceedings before the SKO and, if unsuccessful, in civil proceedings before a court with jurisdiction over the location of the property.
Unfortunately, the level of appraisal reports commissioned for the purpose of updating the fee is often low, the studies are templated and superficial. Often, properties that do not meet the similarity criterion under the Real Estate Management Law are accepted for analysis. The challenge for a lawyer is to successfully challenge the appraisal report in court.