LAND AND MORTGAGE REGISTERS
Agnieszka Cienciała
Activities aimed at regulating the legal status of state-owned and state-possessed real
estates were begun with the transformation of the political system in 1989. This process is now
continued, but still many districts (powiat) have a large percentage of state-owned real estates
without regulated legal status in the form of established land and mortgage registers or other
documents that certify the right of ownership. The obligation to submit applications for
establishing a land and mortgage register for Treasury-owned real estates and for entry into a
land and mortgage register arises from the Real Estate Management Act. In practice, the
unregulated legal status of real estates is most often associated with a lack of proper
documentation of the right of ownership to the real estates, as well as with a lack of
synchronization between the designation of the real estate in a land and mortgage register and
in a land and property register, or a cadastre. Regulation of the legal status of real estates
should be understood to mean a process leading to the determination of individuals who are
entitled to ownership and other property rights in the real estates, or surveying and legal
proceedings aimed at establishing the scope of the ownership right, by specifying boundary lines
[A
uczyński R., 2010].
A Land and mortgage registers are maintained to record the legal status of real estates.
They form the basis of security in real estate transactions. Due to the fact that the Polish legal
system does not provide for obligatory establishment and maintenance of land and mortgage
registers, they have not been established for every single real estate. Designation of real estates in
land and mortgage registers is done on the basis of the data found in a land and property register
(cadastre), such as their location, area and purpose. Such data are included in the first section of
a land and mortgage register.
B Real estates with unregulated legal status are defined in Article 113 Sections 6 and 7 of the
Real Estate Management Act of 21 August 1997. According to the definition, those are real estates
in the case of which - due to a lack of a land and mortgage register, a set of documents or other
documents - one cannot determine individuals who are entitled to property rights in the real
estates, as well as real estates with regard to which no inheritance proceedings have been
conducted or such proceedings have not been concluded (in the event where the owner or the
perpetual usufructuary is no longer alive).
C Unregulated legal status of real estates is not only associated with a lack of proper
documentation of the right of ownership to the real estate, but also with a lack of
synchronization between the designation of the real estate in a land and mortgage register and in a
land and property register (cadastre). Designation of real estates should be understood to refer to
the data concerning, among other things, the location, the area and the purpose of the real estates.
In accordance with Article 26 of the Act of 6 July 1982 on land and mortgage registers and
mortgages, the designation of real estates in a land and mortgage register is based on the
cadastre data of the real estates. In the event such data are not compatible with the designation in
a land and mortgage register, the court - at a request of the owner or the perpetual usufructuary -
may make a correction of such designation on the basis of the cadastre data.
D Until the regulation of the legal status of the Treasury-owned real estates, it is difficult to talk
about complete performance of the tasks related to the management of the real estate resources
of the Treasury [Celarek K., 2012].The statutory obligation of district governors (starosta) within the
management of the Treasury-owned real estates, as well as the obligation of a commune head
(wojt), a mayor or a city mayor  in the case of the real estate resources of the commune  is to
undertake actions in the court proceedings, particularly in cases concerning ownership or other
property rights in the real estate, including the cases for ascertainment of the acquisition of the
ownership of real estate by usucaption. Despite the statutory obligation to regulate the legal
status of real estates, it is now possible to observe the consequences of a series of omissions in
this regard, which have occurred over the years.
The reading comprehension worksheet is based on  Regulating the legal status of real estates as a task
in the field of management of the real estates of the Treasury and of territorial self-government units
by mgr inż. Agnieszka Cienciała, Kielce University of Technology, Department of Geomatics and Geodesy
and Cartography
1.1
Match the titles (1-4) to the chapters above (A-D).
1. The statutory obligation within the management of the Treasury-owned real estates
2. Real estates with unregulated legal status
3. Connection between land and mortgage register and a cadastre
4. Land and mortgage registers
1.2
Complete the sentences using the words below.
perpetual usufructuary / usufructuary / owner / notaries/ the court
.........................& .... is a person who has the use of property and reaps the profits of it.
Article 35 of the Act of 6 July 1982 on land and mortgage registers and mortgages imposes an
obligation on the.........................& ....to immediately submit an application for publishing his or her
right in a land and mortgage register.
Article 36 of the above Act obligates courts, authorities of the government administration and of
territorial self-government units as well as .........................& ....who draft deeds of succession
certification to notify.........................& ....competent to maintain the land and mortgage register of
any change of a real estate owner.
.........................& .... uses publicly owned land for the specified period of time. Buildings located on
such land are owned directly by them.
1.3 Circle the correct words to complete the text.
Different areas presented in a cadastre and a land and mortgage register indicate negligence in
the management of public sector real estates, particularly in fulfilling the obligation to
establish/open and update/cooperate land and mortgage registers.
Over the years, in many regions throughout Poland, the activities aimed at regulating/
rebuilding the legal status of real estates were insufficient.
The obligation to submit applications for entry/signature into a land and mortgage register is the
task of district governors (starosta) and arises from the Real Estate Management Act.
In practice, the unregulated legal status of real estates is most often associated with a lack of
proper documentation of the right of ownership to the real estates, as well as with a lack of
synchronization between the designation/ picture of the real estate in a land and mortgage
register and in a cadastre.
Land and mortgage registers are maintained to record/write the legal status of real estates.
Designation of real estates in land and mortgage registers is done on the basis of the data found in
a land and property base/ cadastre, such as their location, area and purpose.
The services responsible for real estate management encounter problems causing considerable
delays in the fulfilment of the obligation to submit applications/ surveys for publishing the
ownership right in land and mortgage registers.
However, the Polish legal system does not provide for the commonness of land and mortgage
registers within the meaning of their obligatory establishment and maintenance for every single real
estate. Occasionally, a parcel is presented in a cadastre as non-registered/ none land,
although - in fact - a land and mortgage register has been established and the right of ownership
has been published therein.
1.4
Cross out the incorrect words.
A title may be transferred by deeds/wills/inheritance without a will/speech.
Right of a way is an easement/will/law that grants the right to use the land of another person for
specified purposes.
Land registry registers rights assigned to real estate/ real property/ property/ waste land.
The deed/ map/ legal status is a legal document used to transfer the ownership.
An ownership/ a perpetual usufructuary is the strongest right of possession.
1.5
Match the words:
nieruchomość władnąca access right
nieruchomość obciążona adverse possession
nabycie prawa przez zasiedzenie residential property
nieruchomość lokalowa real estate legal description
oznaczenie nieruchomości servient real estate
użytkowanie wieczyste dominant real estate
prawa ograniczone limited rights
droga konieczna perpetual usufruct
1.6
Decide whether the sentences are true or false, and correct the false sentences.
1. Designation of real estates in land and mortgage registers is done on the basis of the data
found in a cadastre. Such data are included in the second section of a land and mortgage
register.
2. Land and mortgage registers are maintained to record designation of real estates.
3. Regulation of the legal status of real estates should be understood to mean a process
leading to the determination of individuals who are entitled to ownership to and other
property rights in the real estates, or surveying and legal proceedings aimed at establishing
the scope of the ownership right, by specifying boundary lines.