“Lex the farmer” also in cities? Greater responsibilities for city household members
Regarding the protection of agricultural activities, the Ministry of Agriculture proposes moving away from the simple division into urban and rural areas. This means more responsibilities for the townspeople as well.
We live in times of ubiquitous relativism, in which the existence of objective truth, stable norms and universal values are questioned. Instead, the prevailing belief is that everything depends on point of view, context, culture or just personal feelings.
Many of the boundaries known so far are now blurred, unclear and not obvious. It is very likely that in the near future the previously clear boundaries between town and countryside will become blurred. What does this mean for Poles? New responsibilities.
Protection of rural functions in cities. Townspeople will study urban plans
Farmers feel more and more alien in the countryside. The tone is set by people who look for peace, quiet and beautiful views there. Meanwhile, agricultural activity can be very hard on people who are not accustomed to it due to noise, smell or work in the field in the evening during harvest. Moreover, according to the applicable regulations, when a case goes to court, the farmer turns out to be the guilty party – and this cannot continue.
Due to the need to protect agricultural activities in the countryside, the Ministry of Agriculture also proposes moving away from the simple division into urban and rural areas. The provisions in planning documents will determine whether the new regulations protecting farmers against claims regarding typical nuisances will apply to the new administrative division.
This means that the obligations provided for in the prepared act may also cover new owners of real estate located within the boundaries of large cities, provided that they result from local plans or general plans.
Notaries’ protest.
“Lex the farmer” in such an innovative form will force many city residents to make an unplanned visit to a notary. It is about the need to submit a special declaration.
The buyer of the property will confirm that he or she is aware of the conduct or possibility of conducting agricultural activity on neighboring properties and accepts the typical nuisances associated with it: noise, odors, machine movement or periodic field work.
The proposal of the Ministry of Agriculture was criticized by notaries. In their opinion, the new regulations mean a significant increase in bureaucracy, because with each transaction it will be necessary to analyze not only the property being sold, but also documents relating to the entire registration area.
The lack of precise rules for determining this information and the effectiveness of the declaration itself are also questionable. Lawyers explain that plans do not always correspond to the actual use of land and their provisions are sometimes ambiguous. As a result, those who wanted to live in the city will suddenly live in the countryside.
