Many people still ask me questions about the buying an apartment or other property on the secondary market. Despite appearances, there are many concerns about buying in Poland. Clients often ask me about safety issues. Unfortunately, the issue is probably as varied as anywhere – so it’s worth keeping in mind certain factors that can determine whether buying property in Poland is actually safe. Which ones specifically? Find out in this article!
Before the purchase, it is necessary to carefully read the contents of the land and mortgage register. It is very important to analyze the entries for possible mortgage encumbrance. However, in this aspect, you can simply take the help of a lawyer who will make sure that your investment will not bring you unnecessary losses. Moreover, in case of any discrepancy between the legal status of the real estate disclosed in the Land and Mortgage Register and the actual legal status – it is the entry in the Land and Mortgage Register that decides in favor of the real estate buyer.
In this respect it is mainly about the so-called limited property rights. Among others, the easement of access to a public road should be pointed out here as development of a real estate will be impossible until such access is granted. Moreover, easements may also concern the use of water and sewage connections, scaffolding for building repair works or rights to place waste containers. This catalog is quite extensive and it is helpful to pass it on to a specialist who will analyze its content element by element.
A preliminary agreement does not have to be concluded in the form of a notarial deed. However, concluding it in such a way effectively secures the interests of both parties to the contract. Signing such a document with a notary public gives certainty that in case the other party fails to perform the contract, the buyer will be able to effectively enforce all provisions included in the notarial deed before the court. An advance payment in a preliminary agreement is an institution beneficial to both parties. It guarantees that both parties will conclude the final agreement.
In spite of appearances, apart from typical legal issues, the surroundings of our purchase come to the fore. Troublesome neighbourhood may be the reason why the property is sold at such an attractive price. If there is an object which may cause nuisance in the vicinity, the new owner may be entitled to the so-called claim for cessation of the adverse immissions. In this aspect, if a problem occurs, it is worth taking the matter to a civil court against the owner of the neighboring real estate.
Contrary to what you may think, it is safe to purchase a house, condo or place for your business. All you have to do is to pay attention to certain factors which may be to your disadvantage. Most of such problems can be solved and you have many different claims in Poland to help you pursue your interests. If you have any questions or concerns – feel free to contact me!
Autor: Kamil Hupajło
