Land and mortgage register in Poland

Land and Mortgage Register is a public register that reveals the legal status of the property. It allows you to determine who it belongs to and what rights your property has. The land registry is quite common to the family of continental legal systems, although the registers of perpetual usufruct in different countries differ significantly.

In Poland, the Land and Mortgage Register is governed by the Law of 6 July 1982 on Land and Mortgage Registers. This law basically repeats the regulations contained in the previous legislation regulating the land registers in Poland (in the decree of 11 October 1946 - the Law on perpetual and invalidity regimes), and merges them with the mortgage regulations. Proceedings concerning land and mortgage registers are governed by the Code of Civil Procedure.

In the years 1964-1991 the register was maintained by state notary offices. Since 1991, the register ha been maintained by the land registries in the district courts according to the location of the real estate. They are for real estate and not for owners, that is, one person can be identified as owner in several land and mortgage registers, while the same property right should be shown in one and only one land register. In practice it happens that the same property right is entered in two or even three books - this situation should be removed by way of a process to reconcile the contents of the land register with the actual legal status.

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