Many people think that if they use their land etc. for many years, they have the right to it due to what is called usucaption. The situation is not always easy. It’s good to know how it looks in practice
Acquisition of real estate in good and bad faith
A person who is not the owner acquires the right of ownership if he owns the property:
- for 30 years, when not in good faith,
- for a period of 20 years, if in good faith,
- as sole proprietor.
Good faith is the owner’s belief, justified in certain circumstances, that he has the right to manage the matter and actually does so. It is rejected knowing that you do not have title to the property and only when the efforts of the owner would be sufficient to realize that he does not have the right of ownership. Usucaption in good faith does not exist in principle, these are very rare cases. Good or bad faith are not grounds for acquiring real estate as a result of usucaption. It only affects the length of the period of ownership of a particular property, which is necessary for usucaption.
A freeholder is a person who manages the property as the owner (treats it as his own), i.e. performs, among others, activities such as:
- collect income, pay taxes,
- distribute various types of machinery,
- land lease,
- repayment of property-enhancing loans,
- maintenance and repair management,
- property fence.
It is also worth considering the possibility of adding to the process of usucaption when owning the predecessor:
Clause. However, if the previous owner obtained possession of the property in bad faith, the period of possession can only be extended if, in addition to the period of possession of the current owner, it is at least thirty years. § 2. The above provisions shall apply mutatis mutandis in cases where the current owner is the successor of the previous owner.
How to apply for real estate medicine?
Requests for orders for the acquisition of immovable property are submitted to the district court with jurisdiction over the location of the immovable property. To start the procedure, you must pay a fee or submit an application for exemption from court costs. After analyzing the financial situation, etc. of the person submitting the application, the court decides whether the applicant has the right to not pay all or part of the fee.
Among the participants in the case must be the original owners of the property, as well as neighbors. Sometimes it is very difficult to inform all the people who want to. The court usually announces on its website that such a case is about to be initiated and invites all those interested in it. The application should contain evidence specifying the period of possession of the property, immediate possession, bad or good will. This should be properly justified. The application fee for confirmation of the acquisition of real estate ownership for a purchase order is PLN 2,000.