Real estate law
Owning, managing and investing in real estate requires knowledge of applicable law. Real estate law, among other things, determines how we may acquire ownership of real property and how we may use it. Real property may be sold, exchanged, relinquished, transferred into perpetual usufruct, leased or rented, inherited or made a non-monetary contribution to companies. Numerous possibilities and conditions of the real estate trade make the legal service of matters related to real estate a very broad field. It requires not only extensive legal knowledge, but also experience. Therefore, when planning a purchase or any other action involving real estate, it is worth to use assistance of a specialist. Such a specialist is an advocate specialising in real estate law. The support of specialists in real estate transactions is very important, among other things, due to the high financial value of the object of trade.
Ask an advocate: what is real estate and what does real estate law apply to?
Pursuant to the Civil Code (Article 46 §1), real property includes parts of the earth’s surface that constitute a separate object of ownership (land), as well as buildings permanently connected with the land or parts of such buildings, if under special regulations they constitute a separate object of ownership from the land.
From the above definition, there are three basic types of property that are the focus of real estate law. These are:
– landed property: part of the earth’s surface constituting a separate object of ownership,
– buildings: buildings permanently connected to the land if they constitute a separate object of ownership separate from the land under special regulations,
– premises property: parts of buildings if, under special regulations, they constitute a separate object of ownership separate from land.
An additional category of real estate is agricultural real estate. The Civil Code defines agricultural real estate (agricultural land) as real estate that is or can be used for conducting productive activity in agriculture in the field of plant and animal production, not excluding horticultural, orchard and fish production.
Handling of real estate law cases
One of our specialties is real estate law. We handle real estate cases before courts, administrative bodies and administrative courts. Among the cases that we have concluded with a positive result for our clients are cases such as:
1. dissolution of joint ownership of real estate,
2. usucaption of property,
3. easement of necessity,
4. violation of possession of real property,
5. rent, eviction,
6. remuneration for the establishment of the transmission easement,
7. compensation as a result of the introduction of a local spatial development plan,
8. restitution or compensation for expropriated property,
9. return of real estate taken over for the purposes of land reform,
10. return of real estate taken as a result of the so-called “acquisitive prescription”
We assist real estate owners and their heirs, who were unlawfully deprived of property during the communist period. Our advocates provide comprehensive services in proceedings involving real estate, ensuring support for business clients and private individuals. We operate not only in Warsaw – we welcome clients from all over Poland.