Acquisition of real estate. Thus, you can legally take over someone else’s plot, apartment or house. Here are the rules and formalities
Real estate acquisition is a possibility that exists in Polish law to take ownership of one’s real estate. In accordance with the provisions on usufruct, a person who uses someone else’s plot, apartment or house after a certain time becomes its owner. We explain when this happens and how to apply for repossession.
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The bankruptcy statute of limitations for real estate consists in the legal taking over of someone else’s plot, apartment or house. Coming up after 20 or 30 years unhindered, independent ownership of real estate, i.e. managing it as the owner. Which of these deadlines is taken into account depends on the good or bad will of the person who made the transfer. Art. 172 of the Civil Code:
§ 1. A real estate owner who is not the owner of the thing acquires ownership if he has the real estate for twenty years continuously as an independent owner, unless he acquired the property in bad faith (forfeiture).
§ 2. After thirty years, the owner of the real estate acquires its ownership, even if he acquired the property in bad faith.
Any doubts about which of these provisions is valid will be resolved by the court. As a rule, good faith is assumed in advance.
EYE good faith in the case of acquisition, it is said when the person using the property mistakenly believed that he really owned it. For example, it can be a situation where someone lived for 20 years on a plot of land that they received from their parents, treating it as their own, and then discovered that the formalities were not followed and that the plot still belongs to the parents. Therefore, it is a genuine mistake with no intention of misleading anyone.
