The subject of considerations in this article is the concept of the functional relationship between the residential part and the agricultural remainder of a landed estate. The concept does not have a legal definition and it is not used in the Decree of the Polish Committee of National Liberation (PKWN) dated 6 September 1944 on the Implementation of Agrarian Reform. However, it is a central concept in cases concerning the exclusion of palace/manor-and-park complexes from the agrarian reform. It should be understood as a state of specific interaction between individual parts of landed estates, which means that the part subjected to the study cannot function properly without the strictly agricultural part and vice versa. There is a well-established view that a functional relationship occurs when the farm cannot function properly without the residential part, but also vice versa. The author tries to demonstrate that Polish manors, palaces and castles, along with the parks surrounding them, were not subject to the Agrarian Reform Decree, and therefore their nationalization was in gross violation of the law. As a consequence, the injured heirs of the former owners are entitled to a claim for return of property, and if return of the complex is impossible, to a claim for damages against the State Treasury.
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