Transfer of ownership of a property

Houses, building plots and flats are often the subject of court battles. Many people have claims to them – children, spouses or more distant relatives of the original owner. Everyone wants to claim a right to property that may be due to them. Some, however, prefer to take appropriate action early enough. To complete these formalities, you need to know what the transfer of ownership of a property involves. Knowing this helps avoid many unpleasant situations.

How much does the transfer of ownership of a property cost?

Most actions connected with the transfer of ownership are regulated by Polish law. The same applies to real estate. How to proceed is described in Article 158 of the Civil Code. It states that the transfer of ownership of a property must be made in the form of a notarial deed (akt notarialny). Drawing up the document involves payment of the so-called notarial fee, that is, a fee payable to the notary. Its amount is set out in the 2004 Regulation of the Minister of Justice. It varies depending on the subject of the agreement.

An entry in the land and mortgage register is necessary

Drawing up a notarial deed is not all we have to do. It is also necessary to make the appropriate entry in the land and mortgage register (księga wieczysta) of the property. The notary also handles these formalities, and this step is charged extra. You should expect an expense of 200 PLN. We must remember, however, that we should present the official with a document confirming that the current owner has title to the property and can transfer it to us. It is worth making sure beforehand that such a document exists – otherwise the official will refuse to act. Whether we should use the help of a lawyer during the whole procedure is a debatable matter. Basically, such help is unnecessary, as we can see to everything ourselves; however, if we prefer someone with reliable knowledge to handle our case, we can entrust them with carrying out all the necessary steps.

Potential difficulties during the procedures

The transfer of ownership is – as we have shown – strictly defined by Polish law. Problems may arise when a group of people lay claim to a given property. All the procedures then become more burdensome. Each of the heirs is entitled in that case to a fractional share of the property. In this situation, too, all arrangements concerning each person's ownership right should be confirmed by notarial deeds – without them they are invalid.

READ ALSO – PERPETUAL USUFRUCT (UŻYTKOWANIE WIECZYSTE) AND OWNERSHIP OF LAND

Changes made to documents describing the right of ownership each require confirmation in an appropriate document. Handling the formalities is unfortunately quite time-consuming and tedious. That is why it is worth drawing on the knowledge of experts. The representatives of REMAX Gold will help with the formalities.

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