Property law
Protection of ownership and property matters
We handle cases concerning adverse possession, the establishment of easements - including transmission easements - payment for use of property without title, and compensation for loss of property value.
Strict protection of ownership under the Civil Code
The Polish Civil Code lays down strict conditions for the protection of ownership. Where the right of ownership has been infringed by seizure of a thing, its owner has a vindicatory claim, that is the right to demand the thing back. The claim may be brought against anyone who carried out the seizure.
A separate group are negatory claims - demands that interference cease where it does not take the form of depriving the owner of actual control over the thing, but constitutes disturbance of possession. A claim for cessation of interference is justified where there is a real risk of further infringements.
Cases we handle
Protection of ownership
Vindicatory claims for the return of a thing and negatory claims for cessation of interference.
Adverse possession
Proceedings to establish acquisition of property and other rights by prescription.
Dissolution of co-ownership
Division of property and settlement between co-owners.
Transmission easement
Establishing an easement and payment for the use of the property.
Use without title
Payment for the use of property without a contractual basis.
Property value
Compensation for loss of property value, boundary disputes, understated floor area from a developer.
How we work together
Free consultation
We discuss the facts and review the property documents.
Assessing the claim
We identify the right legal basis, the real prospects and the terms of cooperation.
Demand or application
We send a demand that the interference cease, or prepare an application to the court.
Running the case
We represent you in the proceedings, keeping you informed of progress.
How we help
Three types of ownership claim
Choosing the right claim decides the outcome of the case. Below we explain when each of them is available.
Vindicatory claim
Available to an owner who has been deprived of actual control over a thing. It consists in demanding the return of the thing and may be brought against anyone who seized it - regardless of whether they acted in good or bad faith.
Negatory claim
Concerns situations where the owner has not lost control over the thing but someone is disturbing its use. It covers demands to restore a lawful state of affairs and to cease further interference.
A claim for cessation of interference is justified where there is a real risk that the infringements will be repeated.
Payment for use of a thing
Where property is used by someone without legal title - for example a utility company whose installations cross the plot - the owner is entitled to payment for that use without a contract.
In parallel one can seek the establishment of a transmission easement for consideration, which puts the legal status of the property in order for the future.
Is someone infringing your ownership?
The first consultation is free. We will assess the legal status of the property and identify the right route.