Synchronization list as the basic document regulating legal status of real property

Legal status of a property disclosed in land and mortgage registers should, by definition, be consistent with the actual legal status. Unfortunately, the historical factors associated both with the foundation of the present land registry as well as the land and mortgage registry system, particularly in south-eastern Poland, often result in the absence of this conformity. Changing the real estate designation associated with the transition from cadastral parcels into record parcels during the establishment of records in the seventies of the twentieth century, and leaving, with essentially no change, designations in land registers have caused, and still continue to cause, a considerable confusion when setting land and mortgage register in its present form, or during regulation of the legal status of a property. Additionally, this process is made difficult by enfranchisement of a large part of the land under the 1971 Act on the regulation of farm ownership.The article presents the main legal and technical issues related to the prep-aration of synchronization lists, as the documents necessary to make entries in land and mortgage registers, or to regulate legal status of a property. The article introduces ways to solve these problems, at the same time indicating shortcomings of the current ...

THE DIVISION OF A MORTGAGED REAL ESTATE PROPERTY IN THE LIGHT OF THE REGULATIONS OF THE LAND AND MORTGAGE REGISTERS AND MORTGAGE ACT

The 2013 amendment to the Land and Mortgage Registers and Mortgage Act takes into account the standpoint of the Constitutional Tribunal regarding the division of a mortgaged property. The regulations of the act which were in effect before its amendment with respect to the removal, by way of division, of the shared ownership of a real estate property which had been mortgaged, were in violation of the Constitution of the Republic of Poland, because the mortgage encumbered fractions of all the newly demarcated land properties. The document presents the issues associated with the legal aspects of the procedure of separating a new unmortgaged real estate property, created as a result of the division of a previously existing entry in the mortgage register with legally valid encumbrance. ...