Legal status of real estates

Legal status of a real estate is the whole of rights reserved for the selected real estate. The widest and most basic of those rights is the property right revealed in the land and mortgage register and, in case of its non-existence, the right for a real estate acquired pursuant to a legal document, which could be e.g. a notary’s deed, court decision, final administrative decision, a certificate of land grant (from colonisation), a certificate of land ownership (from enfranchisement).

To establish legal status of real estates, land and mortgage registers are kept (art.1 item 1 of the act on land and mortgage registers and land registry). Information about present subjective legal status of a real estate are contained in the land and mortgage register and, in case of its non-existence – in collection of documents or old land and mortgage registers.

A real estate with unsettled legal status (in generally accepted jurisdiction, legal records and publications) is understood as a real estate for which, due to non-existence of the land and mortgage register, collection of documents or other documents, one cannot establish persons, who are entitled to rights in rem in the real estate. Inconsistency between the legal status revealed in the land and mortgage register and actual legal status (as far as documentation stating, who is the subject of rights in rem) can also be considered as a peculiar lack of settled legal status. Settlement of legal status of a real estate comes down to revealing of present legal status of a given real estate.

Source:  http://www.ptg-org.pl/