Why register?

1. Is it compulsory to register all transactions relating to land/property in your system?

In Poland the registry is compulsory to the large majority of rights and burdens over immovable property.

2. If not, are there any circumstances under which is it compulsory to do so?

Not applicable.

3. If not, and registration is voluntary, what are the benefits of registration?

Not applicable.

4. What percentage of land/titles is/are registered in your system?

The large majority of the land is registered in the Poland land registry about 80%.

5. What types of legal rights in property are capable of being protected by registration?

All proprietary rights under Polish law are capable of being protected by registration.

According to Polish law there are following proprietary rights: ownership, perpetual usufruct and 5 limited proprietary rights, which have to be registered in the Land Register, in order to have effects against third parties:

1.usufruct

2.easement:

•    easement appurtenant
•    easement in gross

 3. pledge

 4. the housing co-op ownership right to a unit (apartment, flat)

 5. mortgage

All limited proprietary rights mentioned above, which are registered in LR, always has priority over other rights to an immovable property.

As regards cases provided for in statutory law land and mortgage registers may evidence also personal rights and claims.

The following may in particular be evidenced:

  •  a right of lease or tenancy, a right of repurchase and pre-emption, a right of annuity;
  •  a claim to convey the ownership of immovable property or perpetual usufruct or to establish a limited right in rem; the above shall also apply to future claims;
  •  a claim arising out of the specifying the way of management or out of the manner of use of the immovable property by co-owners or perpetual usufructuaries;
  •  claim raised by co-owners precluding the right to dissolve co-ownership;
  •  receivable debt of a mortgage bank secured by mortgage and information about it having been entered in the register of mortgage bonds security, referred to in the Mortgage Bonds and Mortgage Banks Act of August 29, 1997 (Dziennik Ustaw 1997, No. 140, item 940; 1998, No. 107, item 669; 2000, No. 6, item 70, No. 60, item 702; 2001, No. 15, item 148, No. 39, item 459);
  •  right under a timeshare contract, as referred to in the Act of 16 September 2011 on Timeshare (Dziennik Ustaw 2011, No. 230, item 1370).

6. Are there other rights, legal situations, judicial decisions affecting property rights or owner’s powers capable of registration?

For example we can register:

  • cancellation of co-ownership
  • division of married couple common estate (family estate)
  • division of business partners common estate (conc. civil law company –
  • civil contract between at least two individual businessmen)
  • division of inheritance
  • removal of inconsistency between the legal status of the immovable property evidenced in the land register with its real legal state.

7. What are the effects of registration of a transfer of ownership?

The effect of registration of a transfer of ownership is declaratory.

8. What are the effects of registration of a mortgage/charge? What powers or rights are available to the registered owners of charge in order to enforce their security?

The effect of registration of a mortgage is constitutive.The mortgage shall become effective only where a relevant entry has been made in a land and mortgage register (art. 67Th – Act of 6 July 1982 on land and mortgage registers and on mortgage.

9. Is the title guaranteed by the State/Registrar? If so, to what extent and under what circumstances?

The land registry assures the guaranty that the inscribed right exists and belongs to its registered owner.
An entry of a right evidenced in a land and mortgage register shall be presumed to be reflecting actual legal state (art.3 -Act of 6 July 1982 on land and mortgage registers and on mortgage.)

10. What remedies are available to land registry information users who may have relied on register information and suffered loss as a result of reliance on that information?

Polish land registry protects all of those who inscribe their rights and who trust in the information publicized in the land registry.

11. How does a party who has suffered loss make a claim for compensation if applicable?

Any compensation must be requested to the court through a judicial claim.

12. What are the risks involved where property transactions are not registered?

The risk is enormous. If the new transaction is not registered the owner which is enter in the land book, can sell property once more.

13. Are there any penalties for non-registration?

No, there aren’t.

14. Is cadastral/mapping information included in the title registration process? If so, is it guaranteed? If yes, by whom?

We do not have the cadastre system in Poland. We have register of land and buildings. In the future register of land and buildings will be transformed into cadastre.

Under the name cadaster we understand register of land and buildings. The cadastral information is included in the title registration process. The registrar has to verify the area of the plot in the cadastre matches the one stated at the land registry.