In a case handled by advocate Maciej Obrębski and attorney-at-law Artur Pietruszka, the heirs of the last pre-war owner of a palace in Jarocin County were entered in the land and mortgage register (księga wieczysta) as co-owners. The property belonged to the Clients’ family until 1944, when it was taken over by the State Treasury under the 1944 agrarian reform decree.
In 2022, the Voivode of Greater Poland (Wojewoda Wielkopolski) issued a final decision stating that the palace did not fall under Article 2(1)(e) of the PKWN Decree on agrarian reform. This meant that the property had never become state-owned. The heirs therefore filed an application to be entered in the land and mortgage register.
A court referendary dismissed the application. In the reasoning, the referendary stated that the decision did not determine the current legal status of the property as regards ownership, and that the heirs should bring an action to reconcile the content of the land and mortgage register with the actual legal status.
The District Court in Jarocin upheld the refusal, challenging the pre-war entry of ownership in favour of the Clients’ ancestors.
Acting on behalf of the heirs, our Law Firm filed an extensive appeal, pointing out the flaws in the first-instance court’s position. Our arguments were based on two grounds.
First, we demonstrated that the land registers – kept under Prussian regulations dating back to the 18th century – contained detailed and correct entries confirming ownership in favour of our Clients’ ancestors, and that they had acquired ownership of the palace in accordance with the German Civil Code (BGB) applicable at the time. The transfer of ownership required an additional act known as “powzdanie”, which may be described as the previous owner’s consent to the transfer of ownership to the buyer.
Second, based on a detailed analysis of case law and legislative changes, we showed that the former land registers – even though closed – remain official documents that certify the legal status of a property in a reliable manner. Accordingly, a land-register court cannot arbitrarily question the content of historical land registers by demanding additional documents to confirm title.
The Regional Court in Kalisz fully accepted the arguments presented in the appeal and ordered that the heirs’ ownership rights be entered in the land and mortgage register.
Matters concerning the takeover of property under the agrarian reform decree are complex and – also in court practice – rare. As this case demonstrates, seeking the assistance of professionals who can present the legal status taking into account historical regulations and case law can be highly beneficial.