Land registers - what can we find in their content?

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When buying a flat or other real estate, it is worth looking at the land and mortgage register, which contains all the information about them. It is a kind of proof of identity, from which we can learn a lot about their history or the limitations that have been imposed on them.

Land register sections

In order to efficiently navigate the land register, it is useful to know its individual sections (Article 25 of the Act of July 6, 1982 on land and mortgage registers and mortgage). Each of them presents different content for the indicated property, thanks to which we can effectively obtain information that is relevant to us.

  1. Section I - includes the designation of the property and entries of rights related to its ownership

  2. Department I-O - concerns the property designation

  3. Department I-Sp - means the list of rights related to the property

  4. Section II - applies to entries of ownership and perpetual usufruct

  5. Section III - intended for entries regarding limited property rights, restrictions in the disposal of real estate or perpetual usufruct, entries of other rights and claims

  6. Section IV - concerns entries relating to mortgages

The buyer should pay special attention to entries regarding third parties and their rights, e.g. lifetime easement, which will be in sections III and IV of the land and mortgage register. In addition, ex officio notes may appear in it, which inform us, for example, about the receipt and examination of the application for entry.

Land registers - information available

In the land and mortgage register, we can check a number of different and therefore important information for us, for example:

  1. data of the owner or co-owners of real estate;

  2. the exact location of the property;

  3. the purpose of the premises;

  4. description of the premises;

  5. building area and land property;

  6. book establishment data;

  7. entry requests;

  8. mortgage and compulsory mortgage;

  9. third party rights;

  10. easements;

  11. pre-emption contracts, life imprisonment.

The information contained in the land and mortgage register can be obtained through a special internet portal, Electronic Land and Mortgage Register, which is run by the Ministry of Justice. To gain access, you need to select the city where the book is located, followed by its number.

Example 1.

Ms Anna was close to making a deal with Ms Lucyna regarding the purchase of a house in Warsaw. Mrs. Lucyna vowed to be the sole owner of the property. Fortunately, Anna checked the land and mortgage register of the indicated property and it turned out that the co-owner of the property is also Mrs. Lucyna's sister, because they inherited the house from their parents in equal parts.

Principles of land and mortgage registers

The land and mortgage register is public, which means that anyone with its identification number can check the information it contains. Therefore, they have rules by which we can check their consistency and trust their truthfulness.

  1. The principle of openness - land and mortgage registers are public, which means that each of us can view its contents without complications or difficulties.

  2. The principle of the warranty of public faith in land and mortgage registers - if a third party acquires ownership or other property rights and does so with a person who, according to the land and mortgage register, is the owner, despite the fact that the actual state is different than that entered in the land register, the third party will acquire the right according to the activities made with the alleged owner according to the land and mortgage register, if he did not know about the inconsistency and could not find out about it.

  3. Priority rule for entry - limited property rights entered in the book have priority of satisfaction over unwritten rights.

  4. The principle of presumed compliance with the facts - it is presumed that the information contained in the book is the actual state of the property

Example 2.

Mr. Jan, who lives in Gdańsk on a daily basis, purchased a property in Kraków from Mr. Dawid. According to the land and mortgage register, Mr. Dawid was the owner of the property. After three months it turned out that an error had occurred and the information contained in the book was not up-to-date, and the real owner at that time was Mrs. Aleksandra. Mr. Jan did not know anything about this fact and could not find out in any way. In such a case, the real estate was successfully sold according to the principle of the warranty of public faith in the land and mortgage register.

Land and Mortgage Registers - Who Can Establish?

Persons who can establish a land and mortgage register are:

  1. persons with a cooperative ownership right to the premises;

  2. owner;

  3. co-owners;

  4. a person who has been granted perpetual usufruct;

  5. a person with a limited right to real estate;

  6. the creditor who has the right of entry.

The establishment of the land and mortgage register takes place on the basis of submitting the completed KW-ZAL form to the appropriate district court in the district of the real estate with the attached title, as well as an excerpt and an excerpt from the land register.

Entry in the land and mortgage register

We make an entry in the book in the event of a change in the actual situation regarding the property. Situations requiring an entry to be made include, but are not limited to:

  1. change of property owner,

  2. establishing a compulsory mortgage,

  3. establishment of a limited right to real estate,

  4. conclusion of a preliminary contract,

  5. conclusion of a life annuity agreement,

  6. establishment of an easement,

  7. establishing or paying off a mortgage.

It is worth remembering that deleting a given information from the land and mortgage register is also a form of entry, so in this case we must submit an application for entry.

Example 3.

Mr. Jarosław has sold a real estate located near Poznań. Mrs. Joanna, who bought it, checked earlier that everything was true and that Mr. Jarosław was the only owner. When it turned out that she did, she purchased the property. Joanna is now obliged to make an entry in the land and mortgage register that changes the owner of the property. If he does not do this, an ex officio warning will be entered in the land and mortgage register about the inconsistency of the actual situation with the information contained in the register.

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Entry fees

The application fees for entry in the land register are established on the basis of the provisions of the Act on court costs in civil cases (Article 42 of the Act of 6 July 1982 on land and mortgage registers and mortgage).

Type of entry

Fee amount

Concerning ownership, perpetual usufruct or limited property rights

PLN 200

Regarding participation in the law

Proportional to the amount of participation - min. 100 zloty

Concerning ownership, perpetual usufruct or cooperative ownership right to the premises on the basis of inheritance, bequest or division of inheritance or the abolition of joint ownership

PLN 150

Legal basis

Act of July 6, 1982 on land and mortgage registers and mortgage

Act of July 28, 2005 on court costs in civil cases