The sale or purchase of a flat is usually associated with a change in the entry in the land and mortgage register. It is a collection of information that presents the most important data on the legal status of, for example, a flat.
What properties have a land and mortgage register?
The land and mortgage register is kept not only for residential real estate, but also for land, buildings, premises, as well as for limited property rights, which include:
- Cooperative ownership right to a dwelling.
- Cooperative right to commercial premises.
- The right to a single-family house in a housing cooperative.
A separate land and mortgage register and additional deeds of the book are kept for each of the aforementioned properties.
Four sections of the land register
Each land and mortgage register consists of four parts, known as divisions. These include:
- Section I of the land and mortgage register - includes the designation of the property and entries regarding the rights related to it.
- Department I-Sp - contains the list of rights related to the property.
- Section II of the book - contains entries regarding ownership and perpetual usufruct of real estate.
- Section III of the book - contains entries on limited property rights, except for mortgages.
- Section IV of the book - intended for entries concerning mortgages omitted in section III.
How to read the individual sections of the land and mortgage register?
To check the land and mortgage register of the real estate we are interested in, we can go to the court having jurisdiction over the location of the property and submit an application for obtaining an extract from the register, but it is easier and faster to access it on the website www.ekw.ms.gov.pl. It is a database of land and mortgage registers. However, you need to know the number of the book to be able to read its content.
Having access to and viewing the land and mortgage register of the real estate we are interested in, first of all, in the IO Department, its actual location must be checked against the address in the register. At this stage, you can also verify the area, number and type of rooms in the house, apartment or building, as well as the purpose of the premises. If the subject of purchase is a single-family house, the book should contain a record that the real estate is a dwelling.
Department IO discloses such information in the land and mortgage register as:
- Plot number.
- Plot ID.
- Registration area (number).
- Location (order number, voivodship, poviat, commune, town).
- How to use.
- Connection (number of the land and mortgage register from which the plot was separated).
- Area of the entire property.
- The last number of the current or deleted entry in a given section in the existing land and mortgage register.
In the same section, there are indicated documents that are the basis for the entry in the book or data about the application.
Department I-Sp, that is the List of rights related to property, is intended to enter the limited rights in rem that every property owner is entitled to. This information complements the first section and reveals rights related to the property. If there are any entries in this section, they are divided into headings and subheadings. The entries are equivalent to the entries of rights that are subsequently disclosed in Section III of the land and mortgage register.
In Section II of the land and mortgage register, it is necessary to check, before purchasing real estate, whether the person selling it is actually its rightful owner. You can verify the name and surname and PESEL number of the owner in the book in Section II. It also discloses in this section whether the property is jointly owned.
The following information is listed in the sections of Section II of the land and mortgage register:
- List of indications of shares in the law (number of shares in the right, size of the share, type of joint ownership), e.g. statutory marital property partnership.
- Natural person - first and second name, surname, father's name, mother's name, PESEL number.
The documents being the basis for the entry are also listed here, e.g. a real estate sale agreement with the specification of the most important information related to it.
When reading the land and mortgage register, the most important sections from the real estate buyer's point of view are sections III and IV. In III, all rights on the property are disclosed, e.g. the right to life imprisonment, third party rights, subscriptions, pre-emptive or lease rights.
All entries in Section III of the land and mortgage register are in the section called "Mentions in Section III" and have their number, description, moment of inclusion and deletion and deletion of the mention. Immediately after the mention, there is also the entry number, i.e. the designation of the next one. The mentions may refer to:
- Perpetual usufruct.
- Perpetual usufruct and ownership of the building being a separate property.
- Perpetual use and equipment constituting a separate object of ownership.
- Perpetual usufruct, ownership of a building that is a separate property and a device that is a separate property.
- Any rights, claims and limitations on the premises that have been separated from the real estate, encumbering the related shares in joint ownership or perpetual usufruct.
The field contains the content of the rights, claims and limitations in the disposal of the real estate, as well as persons entitled under the law or claim, as well as the content of the warnings and persons whose claim has been secured by the warning entry. The content of the entry always depends on its type and may concern:
- Limited property right.
- Limited property right related to other real estate.
- Personal rights.
- Restrictions on the disposal of real estate.
- Other entries.
Section IV of the book allows you to check whether there is a mortgage on the property that you need to pay off. This section provides possible mortgage amounts, currency and type of mortgage. Before buying a property, it is best to make sure that all encumbrances have been deleted beforehand.
In Section IV of the land and mortgage register there is a column with the name "Mentions in Section IV". Each note is marked with the date and time of entry and informs us that the court has received an application for entry of a contractual or compulsory mortgage and is awaiting entry.
Entries in Section IV of the land and mortgage register mean that we are dealing with an established mortgage. In section 4.4, the contractual mortgage is indicated with its content, and it arises as a result of concluding a contract and an entry in the land and mortgage register. From this content, we find out whether a mortgage is established and who is the creditor who may encumber the property with a right under which he will satisfy his claim from the borrower's property.
Knowing how the land and mortgage register is structured and what information can be obtained from it, it is easier to check the legal status of the property beyond any doubt.