The sitting of the property is 1 of the mechanisms for acquiring it. It is simply a legal institution as defined in the Act of 23 April 1964. - The civilian Code.
In accordance with Article 172 §1.2 of the civilian Code, in order to get a sitting of the property, possession uninterrupted for a certain period of time is necessary. A property owner who does not own it may get ownership after 20 years of possession if he acts in good faith. After 30 years of possession, the property becomes his property even in the event of bad faith.
The key criterion for sitting is so the uninterrupted possession of the property for a certain period of time.
Who's the Samoist?
The property owner is simply a individual who treats it as his property, bearing the costs associated with its maintenance, specified as repairs, fixed fees, taxes, etc. Sitting a property in good religion requires possession to be lawful.
WHAT IMMUNITY CAN BE SUBJECT TO THE SEAT?
The sitting shall cover only land and buildings and parts thereof which are separate property. However, this does not apply to components of things specified as individual rooms.
HOW TO START THE PROCEDURE FOR IMMUNITY?
Documents must be submitted to the court liable for examining the application for sitting of the property, which is the territory court competent for the location of the property, irrespective of the value of the subject matter, in the civilian department of the court. This request should be made by the curious party.
The application shall indicate the data of all persons concerned, the property recognition data, i.e. the administrative address of the property, the category of usage of the property, the area of usage and the land registry number. In addition, it is worth, if it is carried out, to present a copy of the perpetual book and any papers proving the uninterrupted ownership of the property, e.g. evidence of the payment of fees and taxes paid to the property.
The sitting of a property in good religion allows a individual who held the property for 20 years to believe that its possession is lawful to become its rightful owner. The fulfilment of all the conditions set out in the civilian Code will let the court to consider the case positively, and the owner will be able to full enjoy the property.
Dear reader, we remind you that all legal matters in this substance we compose about can be complicated and frequently require the aid of a lawyer. It's worth discussing it with a lawyer before taking legal action.
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Attention! This article should be considered as a clue, a hint, not a prescription, how to solve your own problem. The legal opinion has no binding power for offices, courts, so we urge that legal matters be consulted straight with a lawyer. Each case is different and requires individual analysis.
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Daniel Głogowski
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