Land with shore – who owns the wharf?

Although the question of where the shore is seems to be something intuitive, a precise definition can be found in Polish law. In accordance with art. 220 of the “Law of July 20, 2017 – Water Law”, the shoreline of natural watercourses, lakes and other natural water bodies is:

The only exception is for regulated shores. In their case, the shore line runs along the line connecting the outer edges of regulatory structures, and in the case of willow plantations on land obtained as a result of regulation – the border of plantations on the land side.

Yes land with coastline it is not precisely established, it is worth taking care of it. Having a fixed shore, you can be sure which part of the plot can be managed freely and which is subject to certain restrictions. To obtain a decision on the determination of the coastline, a request must be sent to:

  • in the case of the waters of the inland sea and the waters of the territorial sea – the competent body of the local maritime administration,
  • for natural watercourses, lakes and other natural water reservoirs with continuous or periodic natural flow of surface water – the Minister responsible for water management.

In addition to the request for determination of the coastline, the person concerned must provide:

  • design of the demarcation of land covered with water from adjacent land prepared by a surveyor,
  • proof of payment of stamp duty,
  • if the applicant is acting through an agent, a copy of the power of attorney.

The decision on the determination of the bank is received by the applicant and the owners or entities whose adjacent land is disclosed in the land register.

Public waters and own reservoir

The Baltic Sea, as well as a significant part of the rivers and lakes, is the property of the State Treasury. Therefore, the rules for the use of public waters apply around them, which are regulated by the law of July 20, 2017 – water law. If land with a bank borders a lake, a river or another body of water in the public domain, its owner must comply with the applicable regulations.

However, there are also a small number of private lakes or reservoirs. In accordance with art. 214 of the aforementioned law, unfilled interior stagnant water within the framework of water services is the property of the owner of the property.

Land with coastline and fence

Although the vision of a private beach may offer land with coastlineit’s tempting in accordance with art. 232 of the Law of July 20, 2017 – Water Law, it is forbidden to fence land adjacent to public waters at a distance of less than 1.5 from the shore. In addition, you cannot prohibit or prevent passage through this zone. Therefore, erecting a fence in this part of the plot is against the law.

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