Limited rights in rem, part 3: the cooperative ownership right to premises versus ownership of premises
What are the differences between these rights, and how do they translate into a quick sale?
Blog and legal guides
What to know before you sell a difficult property
We write about what clients ask us in the first conversation: the rules, the deadlines and the documents. No marketing, and no promises that every case ends the same way.
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Limited rights in rem, part 2. What is usufruct, and can I sell a property burdened with it?
In the first part of the series on limited rights in rem we wrote about easements. Today it is the turn of usufruct — a right encountered less often than an easement, but capable of restricting a property even more severely. We explain how it differs from an easement, how it arises, when it is visible in the land and mortgage register, and how it affects whether a property can be sold and at what price.
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Limited rights in rem, part 1. What are easements, and can I sell a property burdened with one?
An easement is one of the most common and at the same time most underestimated encumbrances on a property. Many owners treat it as a formality of no great importance — until they try to sell, or until it turns out they never knew it existed at all. In this article, the first in a series devoted to limited rights in rem, we explain what easements are, how they arise, when they appear in the land and mortgage register and when they do not, and how they really affect whether a property can be sold and at what price.
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What is the land and mortgage register, and why does its absence reduce a property’s value?
The land and mortgage register is one of those documents most property owners only think about when it comes to selling or taking out a loan against the property. As long as the property is simply being used, the absence of a register often makes no difference to everyday life. The problem appears at the moment of a transaction, because the land and mortgage register is the foundation on which the entire property market in Poland rests. In this article we explain what it is, what protection it gives, and why its absence genuinely reduces a property's market value.
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Describe the situation in two sentences. We will check the land and mortgage register and the encumbrances, and then tell you plainly what can be done — including when an ordinary sale is the better way.