Incorrect data in the land and mortgage register (księga wieczysta) – how to correct it?
Text from 2019. Laws, rates and prices may have changed since then. Ask an agent
Although the land and mortgage register (księga wieczysta) is an extremely important document, usually prepared with great care, errors occur in it too. What should you do if you come across incorrect data in the register? We explain in today's post!
• What is a land and mortgage register?• What information can we find in the land and mortgage register?
• Classification of errors
• Other important information
What is a land and mortgage register?
In a nutshell: the land and mortgage register (księga wieczysta) is a register containing all the most important information on the legal status of a property. Every entry in the register must be made through an application procedure. Consequently, there is a presumption that the data in the register matches the actual state of affairs.
What information can we find in the land and mortgage register?
- Details of the owner or perpetual usufructuary
- Limited property rights
- Details of the mortgage (if applicable)
- Description of the property
WHAT ARE THE DUTIES OF A PROPERTY MANAGER? FIND OUT!
Classification of errors
Before we learn how to correct incorrect data in the land and mortgage register, we must distinguish two types of errors that may occur in it. The seriousness of the problem and the way it is resolved depend on this.
Minor defect
Errors in this category are shortcomings of lesser importance. They include all minor mistakes, which most often occur when data is entered into the register on the basis of a correctly completed application. They are therefore usually caused by human error. Minor defects can also appear as a result of data becoming outdated (e.g. a plot number).
The most important thing is that minor defects do not make the document inconsistent with the actual state of affairs. Still, it is worth aiming to eliminate them. The court can do so of its own motion (in which case the corrections are made without any notice), or we ourselves – as owners or users of the property – can suggest it. To do this, an appropriate application must be filed. It is worth knowing that it is not subject to any fee.
Substantive error
Unlike minor defects, substantive errors affect how the data in the land and mortgage register is treated. In other words, a register containing a substantive error (or errors) is treated as inconsistent with the actual state of affairs.
If we notice a problem of this kind, it is our duty to file an application with the court as soon as possible to bring the land and mortgage register into line with the actual state of affairs. We file this application together with all the necessary underlying documents. If, however, the error is in one of them, you should contact the author of the document (e.g. the notary) and ask for it to be corrected.
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Other important information
The court must be notified of any changes that could make it harder to contact us – for example, a change of residential address. This is extremely important, because court mail that is not delivered to the addressee through their own fault is treated as served and added to the case file. If we are unable to collect mail for a long time (for example, because we are abroad), it will be necessary to appoint a representative.
Tags: buying a flat: documents, property
