Real estate

Acquisition of real estate in Poland and Germany.

Real estate law (or land law) forms a general term for all areas of law, which are connected with the acquisition, transmission, encumbrance and the use of a property or an owner-occupied flat.

Real estate law (or land law) provides not only for the acquisition of ownership of land but also of flats.

The Polish as well as German real estate law (or land law) includes all legal matters relating to the subject of ​​land. In a narrow sense, the Polish real estate law includes mainly legal issues related to the property purchase agreement and the so-called real rights to properties.

In Poland, properties can be purchased directly from a seller or from of a broker. The intermediary in real estate transactions is regulated by law in Poland and a Polish broker must have a license.

For effective acquisition of property in Poland, it is sufficient, if the sale is completed. Unlike in Germany, the acquisition of property in Poland is not subject to a separate transfer of ownership contract. In the Polish law, there is, unlike in Germany, no abstraction, and separation principle. For the acquisition of property, no actual transfer of the property is required. The property passes to the buyer at the time of the conclusion of the purchase contract.

In the field of international, Polish-German real estate law, we consider for our clients all questions relevant to them in both countries.

In the real estate law, we specialise in particular in:

• evaluation of the acquisition and sale of real estate, among others, housing construction contracts
• drawing up and advice on the completion of real estate contracts
• obtaining on behalf of a foreign purchaser an acquisition permit for real estates in Poland
• legal analysis of a property
• representation in the land registry procedures
• representation in litigations in the field of Polish property law, among others, acquisitive prescription, registration of servitudes, determination of the legal situation of a real estate, division of real estates.