Perpetual usufruct fee

If you are a perpetual usufructuary of real property and your annual perpetual usufruct fee has been increased or you don't agree with the current fee amount and would like to reduce it, we offer you our assistance in that regard. Our offer includes both taking defensive actions against the fee increase and actions aiming at reducing its current amount. In both cases, we represent our Clients also before the Local Government Appeal Board and common court.

 

We assist perpetual usufructuaries in defending against increase in the annual fee. In particular, we analyse the effectiveness of termination of the existing fee amount, verify the real estate valuation presented by the relevant authority as the basis for determination of a new fee, draft a relevant application to the Local Government Appeal Board and represent the Client in the entire adjustment proceedings. Our experience shows that the new (increased) fee may be a dozen or even several dozen times higher than the previous one (the fee of one of our Clients was increased by 2,000%, which we successfully challenged). As a result of the fee increase, often the use of the real property in perpetual usufruct becomes too expensive, disproportionately higher than the benefits the property brings.

 

In the interests of perpetual usufructuaries, we make also requests for reduction in the annual perpetual usufruct fee, justifying them with a decrease in the real estate value or requesting for the application of a reduced percentage rate used as the basis for calculation of the fee while indicating a permanent change in the use of the property.

 

If you have any problem with the annual perpetual usufruct fee charged from you and you are looking for professional legal assistance – contact us.

Key contacts

Jacek Łubecki

Partner
Attorney at law

 

jacek.lubecki@kniw.pl

get in touch

Agata Pawlak-Jaszczak

Partner
Attorney at law

 

agata.pawlak@kniw.pl

get in touch