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Wielkopolska. They got 20 thousand PLN penalty for lack of care for a roadside cross. Precedent case

Mar 18, 2023 , , ,

Marriage Marzena and Hubert Serek from Ustka received 20 thousand.
PLN penalty for the lack of a roadside cross that turned out to be a monument.
He stood in the field before the family bought it – informs polsatnews.pl.


– In 1978 my parents bought this piece of land from the Treasury.
The cross has always stood there.
We don’t know whose he.
He stood by the road, it stood.
We were not interested.
And he is still standing there today – said Mirosława Roszczak, Marzena’s mother.

The family emphasizes that when she bought a plot from the Treasury, there was no question about the cross.
– Then there are property acts when they saved the land on their uncle and there is also no mention – they report.
It turns out that the cross is 156 years old and has been entered in the register of monuments.

that the family became the owners of the cross in 2012, when the monument conservator came to control.

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As explained in an interview with Polsat News, marriage lawyer Bartosz Graś, the granting of ownership to the owners takes place on the basis of a provision that says that “if we rule a movable thing over three years, we become the owners of this thing.”

The marriage tried to separate the plot, make a donation.
They were even in this matter with the priest, but he thanked, explaining that he did not want trouble.

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“In 2021, the conservator of monuments from Kalisz imposed a penalty on spouses – PLN 10,000 each. According to him, they should preserve the cross at their own expense. The case went to court to determine who
is the owner of the cross ” – we read.

In the opinion of lawyer Bartosz Gras, the conservator had to decide who the obligation to maintain the cross belonged to.
– It is easier if it is borne by a private person, as you can see than if the funds are to be covered from the budget of the Treasury – he assessed.

Advocate: There are thousands of such chapels.
Land owners will start dismantling them

– the case is so interesting from the legal side that it is precedent.
Because such crosses, chapels that are under the protection of the conservator, are thousands in Poland – said the lawyer.
In his opinion, the owners of these lands will begin to dismantle these monuments to avoid trouble.

Marzena Serek, in turn, states that judging by the amount of punishment, the costs of renewing the cross will be high, and marriages cannot afford it.

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