There is no need to convince anyone of the role of real estate in human life and its significance for the economy. Real estate fulfils the most fundamental needs for security, shelter and living. It is also one of basic assets of agricultural and industrial production as well as an essential part of logistics and trade. Thanks to the aforementioned, it represents a long-lasting economic value which, in conjunction with its limited quantity, causes its value to rise usually in the long term. Therefore, real estate is not only valuable assets but also a popular investment object and an investment as such.
The relatively high price of real estate, however, compared with other economic goods causes a drastic increase in the risk of real estate transaction. Even a slight mistake or negligence in the preparation or implementation stages of such a transaction may cause substantial material damage, ruining all of one’s possessions on more than one occasion. Apart from legal aspects, what is also necessary is the knowledge of a local real estate market and competence in urban planning, land surveying, architecture, or construction. Making such a transaction often requires obtaining external funding. That is why, we closely cooperate with the best surveyors, architects, real estate appraisers, real estate brokers, credit advisors, notaries public and bailiffs in Warsaw in order to ensure you as complex professional assistance in these fields as possible. In the case when there is a need for quick redemption of the mortgage or obtaining funding for other initiatives and obtaining a bank credit is impossible or difficult, we also cooperate with private investors who are ready to provide credit for such undertakings secured by the collateral established on the said real estate.
Until now we have already successfully solved legal problems in the following areas:
- neighbourly disputes;
- land easement (e.g. easement of access);
- update of the land and mortgage register entry according to the actual legal status;
- joint ownership and the dissolution of joint ownership;
- right of perpetual usufruct;
- separate ownership of buildings;
- separate ownership of premises;
- transmission facilities and compensation for transmission facilities at the premises;
- the delimitation, joining and division of real estate parcels;
- ownership and possession of real estate;
- land and mortgage registers, mortgage;
- real estate enforcement proceedings;
- expropriation and compensation for expropriation;
- prescription of real estate;
- the recovery of real estate nationalized in accordance with the decree of the Polish Committee of National Liberation of 1944 on the agrarian reform;
- the recovery of real estate nationalized in accordance with the decree of the State National Council of 1945 on the ownership and the use of land within the capital city of Warsaw;
- building investment process (issues of building on other people’s land, local area development plan analysis, representing clients at the stage of preparing a plan, zoning approval, building permit, contracts with suppliers and building contractors as well as pursuing rights and claims of the client, occupancy permit, legalization of unpermitted constructions).
We also assist in the comprehensive preparation of real estate for the transaction through:
- real estate current market value appraisal;
- title search (land and mortgage registers; land, buildings and premises registers, information from housing co-operatives or housing associations, land development restrictions analysis, the actual state of construction process, exercising third party rights and the like);
- “cleaning” the legal status of real estate (removing out-of-date entries in the land and mortgage registers, real estate registers, updating the land and mortgage register entry according to the actual legal status, co-ownership dissolution, land easement dissolution, reconveyance and the like);
- real estate debt removal;
- agency in the purchase, the sale or the rental of real estate;
- agency and legal assistance in taking a mortgage;
- negotiations with counterparties and creditors;
- compiling necessary documentation.
We provide full legal services in the following transactions: sale, exchange, donation, developer agreement, annuity agreement, agreement on the transfer of ownership and possession of an agricultural farm, tenancy and lease of real estate, making contribution in kind of real estate to the company, agreement on the transfer of ownership for security purposes. We will prepare drafts of any documents and will duly secure interest of our client at every stage of transactions up to the day of return of the real estate to the buyer conducted in accordance with the protocol and the settlement of all payments due. We will assist in solving tax issues as well as those related to the purchase of real estate by foreigners, property rights, the right of pre-emption, the right of redemption, the right of repurchase, the priority right to purchase or the transfer of possession. We will make every effort to have appropriate legal security securing our client established (deposit, earnest money, the right of lien, mortgage, etc.) and we will successfully pursue rights and claims of the client in accordance with a preliminary agreement or a final one when needed.