Principles of land and mortgage register in Poland

The land registry is governed by several rules.  The most important are:

  • formally public - anyone may, in the presence of a court officer, read the contents of the land register, so that one can not deny knowledge of entries in the land register or of the claims made in it. The rule does not, however, extend to the files of the book, which can only be viewed by the person having a legal interest and the notary,
  • presumption of conformity with the legal status - it is presumed (unless otherwise proved) that the legal status disclosed in the land register is consistent with reality (ie, the existing rights exist and the deletions do not exist). The incompatibility of the content of the land and mortgage register with the actual legal status can be removed only through appropriate civil proceedings,
  • quarantee of public trusts - in the event of incompatibility between the legal status disclosed in the land register and the actual legal status, the content of the book settles in favor of the person who has acquired the property or other right in rem,
  • priority of entered rights - limited property rights inscribed in the land and mortgage register have priority over such rights not written in the book.

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