Limitations

1.    Are all legal rights in property capable of registration in your system? If not please state the legal rights or interests in land that must be investigated outside of the registration of title system i.e. those that could bind a bona fide purchaser for value without notice without registration?

Almost all proprietary rights are capable of registration in Polish land registry system. But In some situations the interested party must investigate their the legal right outside of the registration of title system. For example if somebody acquire a plot by prescription.

• Is it possible to create property rights different from the ones regulated by the law? – numerus clausus or numerus apertus-  (EU Adapt project)

No

• In case the private parties are not allowed to create property rights different from the ones allowed by law, how broad is their freedom to determine the content of those rights? (EU Adapt project)

In Poland, issues related to property law are regulated in Book Two of the Civil Code – Ownership and other property rights – as well as many specific acts, e.g. the Act on Land and Mortgage Registers, the Act on Ownership of Premises, the Act on Registered Pledge and Pledge Register and others.

Characteristic for Polish property law is the closure by the legislator of the catalog of property rights – the so-called the principle of numerus clausus of property rights: ownership, perpetual usufruct, usufruct, easement, pledge, mortgage, cooperative ownership right to the premises. The above rule means that it is not permissible to establish contractual rights in rem that are not expressly provided for in the Act.

2.    To whom does responsibility for investigation of such rights apply?

The investigation of legal right shall be conducted by the interested party.

3.    What protection if any is available to parties who are bound by property rights that are not capable of being recorded on the title registration system? (For example “hidden rights” such as certain easements that may run with land without a legal requirement for registration).

The parties which are bound by property rights that are not capable of being recorded on the title registration system can fill a claim for damages. They have to prove that the seller haven’t fulfilled his information duties.

4.    Are the boundaries conclusive in the registration of title system? If not, are they guaranteed by another state agency/government department/authority?

The boundaries aren’t conclusive in the registration of title system. The immovable physical data are not protected by the land registry.

5.    How does an aggrieved party remedy any boundary error?

An aggrieved party can remedy any boundary error through a judicial claim.