Buying a flat or house from an heir – what to keep in mind?

You are buying a property and it turns out that the current owner of the house or flat is the heir of the person who used it before. It seems that the seller cannot afford to keep it or simply does not need it, so nobody will claim rights to the flat or building being sold. Things may not be that simple, however, as you can never be sure whether the ownership was registered correctly.

Inheriting property

When buying a flat or house from an heir, remember to ask the current owner to show an extract from the land and mortgage register (księga wieczysta). If someone else is listed in the land and mortgage register, the person claiming to be the owner should prove that they acquired the inheritance by presenting a final court decision confirming the succession. It may turn out that:

• the alleged owner relies on statutory succession, while the previous owner made a will in which they did not name that person as an heir;
• the alleged owner relies on a will, while the previous owner made a new will or amended the existing one, depriving the seller of the right to the property;
• the division of the estate has not yet taken place, i.e. the alleged owner has not yet paid out the other heirs, so each of them has a right to the property;

READ ALSO – COOPERATIVE TENANT'S RIGHT TO A FLAT – INHERITANCE

The legal and physical condition of the property

What else should you remember before signing the notarial deed (akt notarialny) for the purchase of a property? Naturally, all the other aspects connected with buying a flat or house.

• Physical condition – If the current owner claims that the property is in good condition, but a viewing shows that this verbal assurance does not match reality, we can claim the cost of the renovation.
• Legal condition – We must find out the legal status of the flat or house we want to acquire. It may turn out that the property is encumbered with a mortgage or other kinds of property restrictions. The property sale agreement, in turn, contains a clause in which the buyer declares that they have familiarised themselves with the legal status. This may mean agreeing to pay off debts that we knew nothing about.

READ ALSO – ANALYSIS OF A FLAT'S TECHNICAL CONDITION

How to avoid being caught out?

To avoid any kind of misunderstanding, it is best to buy property through an estate agency. The agency's staff will take care of settling all legal matters, down to the smallest detail, before the notarial deed confirming the purchase of the property is signed.

Are you thinking of buying a flat in Katowice or a house and want it to meet all your requirements? Contact our experts, who will help you find your dream property!