Land Registry system
in Poland : aims, general
rules and organization
Dr Marta Rękawek-Pachwicewicz
POLAND
Polish Association of
Registrars in Cracow
(Poland)
Polish Association of Registrars (PAR) in Cracow is
non-profit organisation, which associates registrars and
registrar’s apprentices employed in Polish common and
administrative courts
(complete and actual information concerning current PAR
activities is available at website: www.referendarz.pl)
PAR main purpose
The main purpose of Polish Association of Registrars (PAR)
is to promote science and education as well as supporting
and promoting scientifical and educational initiatives
referring to Polish and European law.
Moreover PAR has been appointed to take up actions
aimed at supporting the economic development as well as
actions supporting the European integration
Registrar in Poland
According to Polish law registrar is highly ranked public
official empowered by the State to supply legal protection
to citizens together with judges.
Registrars are placed within the judicial system and work
in common and administrative courts and their position is
legally regulated and protected.
Polish registrars are highly qualified, as they need to have
a diploma in law (law master degree) and they must pass
special legal exams (judges exam, registrar exam,
advocate exam, notarial exam)
Registrars’ taks in Poland
According to Polish law registrars are empowered to
recognise law cases in the following areas:
- land registry law (electronic land register – New
Electronic Land Book)
- business registry law (commercial registers – National
Judicial Register and lien register)
- small civil and business law cases (writ)
- executive actions (clause)
- civil rights to legal support and court expenses
exclusion
The Land Register System
(LRS) in Poland
Section I. Presentation.
LRS in Poland: the title system
In Poland we do have Register of titles, coming out of the German and Austrain
tradition.
According to definition adopted in ELRA document: EUROPEAN PROPERTY LAW
RIGHTS AND WRONGS ALDE GROUP SEMINAR :
„In the title registration system the registry deploys the greatest protection and
effects to the buyer´s right (positive effect), which include:
a. The preference of a registered right over an unregistered right, i.e., enforceability
over anything not registered.
b. The presumption that the registered holder of the right is in possession of that
right and can call upon all action stemming from possession for the protection of that
right, including protection against adverse possession.
c. Legal Entitlement. A person whose right is registered is presumed to be the owner
and is empowered to ispose of the right.
d. Protection of the right for any purchaser in good faith. Any person who buys a right
from a person listed in the registry as the right’s owner will be upheld as the true
buyer, even if the conveyor’s right is cancelled, provided the causes of cancellation
are not entered in the registry as well”.
Polish Act on Land Books and Mortgage of 1982 contains all above mentioned
elements.
The main purpose of Polish land register
is to supply legal protection of free movement
of real estate through disclosure in the
public register of established legal status
of real estate.
The purpose
Polish Land Register is composed of about
20 000 000 individual units called the
Land Books.
The composition
Each Polish Land Book comprises of four sections:
First section contains entries regarding the mark of the real
estate with ownership rights.
Second section contains entries regarding ownership and
accessory rights (perpetual usufruct).
Third section contains entries regarding limited rights in rem,
restrictions in real estate disposal, execution, other rights
and claims.
Fourth sections contains mortgage entries.
The structure
New Electronic Land Book
Accessible at Polish Ministry of Justice
official website:
http://bip.ms.gov.pl/pl/rejestry-i-ewidencje/nowa-ksiega-wieczysta/
The show starts (for free):
The example
The Land Register in Poland is based on the
7 following rules (so called „seven golden
rules”):
1. The rule of judiciary, what means that
land register being governed by the judiciary.
2.The rule of generality, what means that
land register entries should be established
for all real estates.
The 7 rules (r. No 1 & 2)
3. The rule of registration, what means that the
court makes an entry to the land register in
opposition to simple acknowledgment of documents.
4. The rule of declarative nature of entry, what
means that Polish law did not adopt a system,
according to which the very fact of entry being made,
results in creation of subjective right (lack of
consitutive effect), with some exceptions.
The 7 rules (r. No 3 & 4)
5. The rule of publicity and openness (formal),
according to which everyone has a right to browse
the land register in the presence of court employee.
6. The presumption of land register credibility
(rule of material openness), according to the legal act
we need to presume that the legal entry to the land
register is made according to the actual legal status.
The 7 rules (r. No 5 & 6)
7. The guarantee of public trust (legal certainity)
in land register what means that in case of
discrepancy between the legal status disclosed in
the land register and actual legal status, the entry in
the land register speaks in favor of the person, who,
through the legal action is the person disclosed in
the land register.
The 7 rules (r. No 7)
The land register proceedings do not bear the nature
of dispute between the two equal parties before the
court.
It’s strictly a registration proceeding, which is
accounted among the tasks of legal protection in the
scope of responsibility of common courts.
Execution of the abovementioned rules has been
given to court registrars.
And some more basic information:
registration procedure
The cases of non-litigious proceedings in the area of
land register proceedings are handled by the district
courts on the motion of applicant.
The procedure of land registration is regulated by
the Code of Civil Procedure.
One must attach documents confirming the legal
basis of land register entry along with the
application.
Land register proceedings are conducted by court
registrar or judge: proceeding from behind a desk.
And some more basic information:
procedure
Entry might be made on the basis of document
describing substantive action resulting in creation,
change or cessation of right which is subject for the
entry (the rule of substantial legalism).
The basis for marking the real estate in land register
are: documents of cadastre, private document with
notary seal, court order, administrative decision,
bank documents etc.
Entries & documents
The Land Register in Poland
in the future.
Questions…
Plans….
Good examples…
Section II. Questions.
1. Do we need new public registers e.g. public
electronic land registry and what modern factors
affect the public registry traditional rules ?
2. Do we need to use and develop public electronic
land registers in a given social and economic
culture?
3. Do we need them within or outside the court
system in Poland ?
Questions
1. Further development of electronic registry
procedure (electronic motions, electronic notarial
acts).
2. More active role of public notaries and
executors (draft of law changes of 12th of October
2012) ?
3. Further development of activities
integration of the LRS and Cadaster?
Plans…
on
joint
Membership to European Land Registry Association
in Brussels – European forum to exchange best
practice, develop common models of LRS and…
Good examples…
Many thanks to the great audience !!!
e-mail: mrekawek@wsap.home.pl