Presentation of applications

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1. LR territorial organisation. In your LR system, applications of registrations or documents for registration must be presented, lodged or taken to:

According to 23rd article of Act of 6 July 1982 on land and mortgage registers and on mortgage: The keeping of land and mortgage registers shall belong to the competence of district courts. Relevant court acts regarding the keeping of land and mortgage registers may be performed by court registrars.

In Poland there are 242 district courts and 228 departments of land and mortgage register in  some of them. In the second instance there are second instance courts which solving the appeals in the land registration procedure.

 2. Please, indicate those means whereby one can present applications or documents in your LR Offices and point the main features.

The application to register can be submitted: in person, by proxy (lawyer, public notary or other person authorized for the representation), by postal mail. There is no possibility to file an application by e-mail, fax or other electronic means.

3. Does the fact of the presentation of the document (or application for registration) lead any type or entry or annotation in the LR Office books?

See previous answer.

4. In case of presentation based on temporary or provisional entries, please point specifically deadlines of them and also main features.

Submission of an application for registration has the effect of temporary entry. A temporary entry reserves priority. Together with the application for registration in the land register appears a mention of temporary entry.

5. Is the payment of taxes a necessary condition or prerequisite for making the registration?

The payment of taxes is a necessary condition for making the registration.

The payment of taxes is not a prerequisite for registration.

Land registrars hasn’t to verify if notarial deed’s  taxes  has been paid.

6. Is it possible to digitally submit documents to the land registry? Are there any restrictions with regard to the type of document that can be digitally submitted or is digital submission possible for all types of documents?

In polish system it is possible to digitally submit documents if they are in electronic formate, in practice not many of them are in this formate

  • Which form of submission is used more frequently – digital or non-digital? If possible, could you please provide an indication in percentages?
    Most frequently non-digital (95%)

7. Are there any restrictions to the digital submission of documents? For example, is it necessary that the person offering the document for registration has a validated digital signature?

Yes, it should be submitted by person who is entitled to initiate electronic procedure – professional laweyrs (notaries, executors, executing public organs)

8. Is it still possible to submit paper documents to the land registry?

Yes, mostly they are in paper

9. Is it cheaper/more expensive to offer paper documents to the land registry? Could you provide a price indication for the registration of a deed of transfer (both digital and on paper)?

It does not matter for price, it is the same

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