Trade in real property with an unregulated legal status is very limited and sometimes even impossible. Such properties have a lower value, are difficult to sell or even to donate, cannot serve as collateral for loans, are difficult to invest in and sometimes difficult to let. Unregulated legal status is a wealth of various situations: from doubts about the ownership (reprivatization claims, acquisitive prescription), through problems with encumbrances (“old” mortgages, unexercised easements) to difficulties in using the property.
There are also very different routes to regularisation: from court cases to administrative proceedings to contractual solutions.
Regulation of legal status is a broad term. It may refer to the fact that the land and mortgage register contains outdated or inaccurate entries, but also to disputes between owners as to the manner of using common property or as to who should be allocated the property or a part thereof (how to divide the property). These are also administrative cases resulting from invalid nationalisation or expropriation decisions or from requests to return expropriated real estate which was not used for expropriation purposes. These are also situations arising from fortuitous events, such as death.
We provide our clients with comprehensive support in activities aimed at the legal status regulation of real estate. We have conducted all the following types of cases related to the regulation of the legal status of real estates, however some of them can be conducted contractually and in this respect we offer assistance consisting in the negotiation of contracts (settlements) and the preparation of the relevant documents:
- for reconciliation of the contents of the land and mortgage register with the actual legal state,
- establishing land and mortgage registers and updating legal statuses disclosed in land and mortgage registers,
- succession cases – confirmation of inheritance acquisition and inheritance division,
- dissolution of co-ownership,
- division of the joint property (between spouses),
- the acquisition of property or an easement,
- land and mortgage register proceedings,
- division of property for use (quo ad usum),
- surrender of the real estate, settlement of outlays and remuneration for non-contractual use of the real estate.
- expropriations and returns of expropriated properties,
- reprivatization proceedings, including proceedings for annulment of decisions deducting ownership of real estate,
- divisions and mergers of real estate,
Some of the cases we have handled so far include:
- representation in an ownership dispute arising out of the disclosure of two land and mortgage registers for a plot of land lying in the middle of a 100 hectare site occupied by a large manufacturing plant,
- numerous cases concerning questioning the sale of real estate based on the so-called pauliańska complaint,
- representation in cases concerning the return of real estate expropriated for the needs of communist enterprises and co-operatives,
- dissolution of co-ownership of real estate, including for example a tenement house in the very centre of Krakow with the participation of the Municipality of Krakow (as co-owner),
- division of the spouses’ joint property worth tens of millions of zlotys,
- representation in cases concerning the recovery of real estate lost on the basis of provisions on the takeover of essential branches of the national economy (including the enterprise left behind by the largest pre-war daily newspaper),
- representation in cases related to the so-called Bierut Decree – for recovery of real estate located in Warsaw.
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