1. How many stages are there in the conveyancing process?
In conveyancing process of property there are three stages:
A. Obtaining information (official certificates in paper (excerpt from land book), tax documents of the property
B. Deed performing and payment of taxes at the notary office
2. How many other agencies/departments/registers etc. must be dealt with or checked prior to signing a legal transfer or mortgage?
Other agencies which must be dealt with or checked prior to signing a legal transfer or mortgage are : The notary, tax administration. The support of a legal adviser or solicitor is not mandatory.
3. Who is responsible for dealing with other departments/agencies?
The interested parties that have to deal with other departments by themselves or they can ask a notary to do so and pay the services.
4. At what stage of the overall conveyancing process is your organisation involved
Land registry is involved in A. and C. stages ( see point V1.)
5. Is any or all of the conveyancing process dealt with electronically?
Only stages A and C ( see point V1.)
6. Is any or all of the registration process dealt with electronically?
All of the registration process is dealt with electronically.
7. When a deed/document or land registration form is lodged for registration, what is the general procedure involved in registering the effect of the deed?
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.
Afterwards, the registrar carries out the legal assessment of the documents submitted.
In the end the entry is performed in the sheet of the property.
8. How many stages are there in the registration of title process?
There are three stages for each example mentioned above.
- submission of an application or documents
- carries out the legal assessment of the documents submitted.
- the entry is performed in the sheet of the property.
9. What kind of entries are in your system?
The registration sheet of each property is divided in four main sections.
- Section I: Mark the property – data from the land registry
- Section II-mark owner (s) or the rights of perpetual usufructor
- Section III – limited property rights (excluding mortgages), the restrictions on disposal of property or perpetual usufruct and personal rights and claims related to real estates
- Section IV – the mortgage, the exact determination of the amount, currency, scope, type, priority, and any other characteristics of the mortgage.
10. What is the average time taken to register a (1) transfer of all property (2) transfer part property (3) mortgage/charge?
There is no legal time limit, by good practise it can not take longer than one month.
11. At what level in the organisation is the final decision to register a title made?
The decision is taken by a registrar. The interested parties can appeal registrar’s decision within 7 days from notification to the chief of registrars (Judge).
12. To what extent are registration decisions in your country taken by a person with a professional qualification? What is that professional qualification?
In Poland the registration decisions are taken by a person with a professional qualification. It means: judges and registrars.
Judge: master in law, judicial legal training and judicial exam, at least five years experience on the legal position as a registrar, judge assistant, solicitor, legal advisor, prosecutor, public notary.
Registrar: master in law, judicial legal training and judicial exam, or registrar exam, or other professional legal exam.
13. If registration decisions are not taken by a person with a professional qualification, how are they taken?
14. Is the decision to register a legal, judicial or administrative function (or mixed)?
In Poland, the decision of the registrar is judicial.