Effectiveness of foreign notarial deeds in Polish reprivatisation cases
In reprivatisation cases, the claimants’ legal succession from the prior owners is sometimes determined from foreign notarial deeds. Their effectiveness in Poland depends on certain factors.
It's not just Giesche
The legal status of holders of pre-war bearer stock certificates remains unresolved.
Holders of shares of pre-war companies: Shareholders or collectors?
The holders of share certificates of Giesche SA did not succeed in reactivating the pre-war company. But does that mean that share certificates issued by pre-war Polish companies are now only of value as collector’s items?
After reprivatisation: Steps to take and accounts to settle
Regaining real estate through the reprivatisation process is the beginning of the stage of mutual settling of accounts with the former public holder of the property and the stage of rectifying the legal status of the property.
What if the State Treasury refuses to turn over real estate?
Entry in the land and mortgage register of the heirs of the former owner of nationalised or expropriated real estate does not always end the battle to regain the property.
Reimbursement of investments in reprivatised real estate
A public entity will not always be compensated for investments made in real estate regained by the right owners through reprivatisation.
Elimination of joint ownership of reprivatised real estate
After developed real estate is restored to the heirs of the former owners, it is usually necessary to divide the regained property among its co-owners. This often raises both legal and tax issues.
Reprivatisation of real estate in Poland
It is still possible to regain property expropriated by the state after the Second World War, and in some cases compensation is awarded instead.
Seeking damages under the Warsaw Decree
Even though it has been nearly 70 years since Warsaw properties were nationalised, some former owners or their legal successors may still seek return of their property or at least damages. But damages do not include lost benefits.
Compensation for more nationalised real estate in Warsaw
The Polish Constitutional Tribunal has significantly expanded the set of former owners of properties in Warsaw who are entitled to compensation for seizure of their real estate by communist authorities following World War II.
Damages for unlawful nationalisation may be sought through the courts
The Polish Supreme Court has upheld the possibility of seeking damages through the courts for nationalised property…
Perpetual usufruct and public reliance on land and mortgage registers
The warranty of public reliance on land and mortgage registers protects an acquirer of perpetual usufruct in the event of defective entry in the land and mortgage register of the State Treasury or territorial governmental unit as the owner of real estate.
