The Rule Of The United Land And Mortgage Registry

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According to 36(3) article of Act of 6 July 1982 on Land and Mortgage Registers “The performance of relevant acts connected with the keeping of the land and mortgage registers in the central land and mortgage registers ' data base shall belong to district courts whose task is to set up and keep land and mortgage registers in the information technology system.” Likewise, the Land Registry in England and Wales, there are principles upon which the Land and Mortgage Register operates in Poland, which are called the seven golden rules: 1. The legal certainty – the guarantee of public trust in land. 2. The presumption of the register credibility – the entries mirror the actual legal status. 3. The rule of publicity and openness – everyone has…show more content…
It is necessary to obtain consents and permits when transferring the rights related to the property as the lack of them may result in the transfer being unsuccessful. Although, the transfer of the ownership right is legally transferred from the moment of the execution of the sale agreement in the presence of the notary, it is necessary to update the Land and Mortgage Registry of the new owner and finalise the transaction. The notary sends the deed and additional relevant documentation including KW-WPIS form to the local court which is responsive for the registration. The process is completed when the new owner receives the official notification form the registry that the transfer is successful. In contrast, when the land is acquired in form of PUR, the transfer of the right occurs when an entry in the land and Mortgage Register is made, with the effect from the date of submitting the application (KW-WPIS form). In contrast to England and Wales where it is compulsory to register leasehold interests, in Poland leases and tenancies can be disclosed in the register. If done correctly, they become binding over any unregistered rights when dealing with any disagreements over the land. Real property can be acquired for ownership in different ways such as purchase, gift, inheritance or adverse possession. The most common way in modern days is through purchase. Usually, the individual or business interested in land or property conduct the sale
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