Three-Dimensional (3d) Property – Outline of the Concept of the Zoning in Polish Civil Law

Abstract

The analysis concerns different legal institutions functioning in various legal systems under the name of “three-dimensional property” (3D-Property). It also covers the existing proposals for the regulation of this institution, currently unknown to Polish civil law. Being an exception to the rule of superficies solo cedit, the so-called ‘strata ownership’ would require significant changes to the regulations governing the subject of ownership and other rights in rem, as well as the adjustment of the relations between the owner of ‘space’ and objects within it and the owner of the land. In this regard, possible constructions were presented, recalling the innovative and original solutions that were proposed in codification works in the 1930s.

Keywords: Real estate, 3D Property, transfer of development rights, three-dimensional property, space rights, air rights, ownership, building rights