The Supreme Court has stated in the resolution passed in the composition of 7 judges (III CZP 57/16) that the possessor of the property given to a third party for perpetual usufruct may become the owner of this property by prescription.
This resolution has been adopted upon the dispute existing in the jurisprudence, if the possessor of the property given for perpetual usufruct may become its owner by means of prescription or may obtain only the perpetual usufruct.
The Supreme Court took the possessor’s part, granting him the right to become the owner. Becoming the owner of the property means at the same time that the perpetual user loses its rights including the right of separate ownership of buildings. He is also just as the owner interested in counteracting the prescription.