How to bring the land and mortgage register to compliance with the actual legal status?

Land registers have a key role in real estate transactions – they ensure legal security and certainty by disclosing the legal status of real property. In accordance with the principle that the contents of a land register are presumed to correspond to the actual legal status, it is assumed that the person listed in the register as the owner or perpetual usufructuary is, in fact, the owner or perpetual usufructuary. In practice, however, it is not uncommon for the contents of the register to differ from the current and correct legal status.

Outdated entries, surveying errors, omissions in the disclosure of current heirs, non-transferred easements, or undischarged mortgages – these are just a few examples of cases causing discrepancies. In such situations, it is necessary to take steps to bring the land and mortgage register into full compliance with the actual legal status.

Identifying the type of discrepancy in the land and mortgage register

The first step is a thorough analysis of the land and mortgage register’s contents. Typical discrepancies include:

• an outdated owner entry (e.g., following the owner’s death or the sale of the property that was not disclosed),
• the absence of an entry for a real right established by contract or court ruling,
• the existence of encumbrances that have expired, e.g., a paid-off mortgage or an expired easement,
• errors regarding the identification of the property, especially following changes in the land and building registry,
• unrecorded references to pending proceedings that affect the legal status of the property.

Determining the nature of the discrepancy dictates the next steps in the process.

Bringing the land and mortgage register into compliance through a land and mortgage register application

In many cases, it is sufficient to file an appropriate application for entry in the land and mortgage register using the KW-WPIS form. This applies in particular to situations where:

• change in legal status is based on official documents (e.g., a copy of a marriage certificate, a decision confirming the acquisition of an inheritance, a certificate of inheritance),
• the transfer of ownership was made by notarial deed,
• it is necessary to remove a mortgage after obtaining the creditor’s consent,
• the boundaries of the parcel or its cadastral number have changed based on an extract and map from the land registry.

The application is filed with the district court maintaining the land and mortgage register, and the entry is based on the attached source documents. This is the fastest and least formalized procedure, provided there are no disputes among the parties involved.

Correction of obvious errors by the court or geodesy authority

If the discrepancy results from an obvious clerical, accounting, or technical error, the land and mortgage registry court may correct it ex officio or upon request.

This applies, among other things, to:

• errors in the numbering of parcels,
• obvious typos in the owner’s name,
• incorrect transcription of data from the source document.

Such a correction does not require a full proceeding, and the procedure is simplified.

Proceedings to align the land and mortgage register with the actual legal status

If the discrepancy cannot be resolved based on the documents or if there is a dispute between the parties involved, it is necessary to initiate court proceedings pursuant to Article 10 of the Act on Land and Mortgage Registers.

Such proceedings are required in particular when:

• the registered owner is not the actual owner,
• someone challenges the right disclosed in the land and mortgage register,
• the property was acquired by adverse possession, and the land and mortgage register has not been properly updated,
• the entry was made on the basis of an invalid legal act,
• documents confirming the legal status have been lost.

Adjusting the legal status of the property before filing the application

In many cases, bringing the land and mortgage register into compliance requires prior regularization of the legal status, especially when the property has been in an unregulated state for many years.

This may include:

• conducting probate proceedings,
• carrying out the division of the estate or the termination of joint ownership,
• obtaining certificates, decisions, or extracts from the registry,
• obtaining surveying documentation confirming the actual boundaries of the property.

Only after the legal status has been determined and documented is it possible to file an effective petition with the land registry court.

The Importance of professional legal assistance

Bringing the land and mortgage register into compliance with the actual legal status often proves complicated, especially for properties with a long history or those burdened by family disputes.

A lawyer specializing in land registry matters:

• will review the land and mortgage register and supporting documentation,
• will advise on the appropriate course of action,
• will prepare a petition to the court or a complaint to reconcile the land and mortgage register,
• represent the client in court proceedings,
• ensure that the final entry in the land registry is correct and complete.