LAW FIRM – REAL ESTATE LAW AND ABOLITION OF CO-OWNERSHIP
EXPERIENCED REAL ESTATE ATTORNEY - COMPREHENSIVE LEGAL ASSISTANCE
Our law firm provides legal assistance in matters involving real estate rights, the dissolution of joint ownership , and agricultural property. Our experience, knowledge of legal regulations, and individualized approach to each case enable us to address even the most complex legal challenges. We have experience representing individual clients, farmers, entrepreneurs, and co-owners of real estate who require professional legal assistance. Our goal is to resolve disputes effectively, legally, and to the client's advantage.
SCOPE OF SERVICES – REAL ESTATE LAW
Legal assistance in purchasing and selling real estate
- Analysis of the legal status of real estate (land and mortgage registers, mortgages, easements)
- Representation in the negotiation and conclusion of development, preliminary and sales agreements
- Support in obtaining permits and administrative decisions
Easements, adverse possession, establishment of perpetual usufruct
- Establishment of road, transmission and personal easements
- Conducting proceedings for adverse possession of real estate
- Analysis and regulation of the legal status of perpetual usufruct
REAL ESTATE DISPUTES
Our law firm represents clients in real estate disputes, including:
We represent clients both in negotiations and during court proceedings.
- Pursuing claims under warranty and guarantees for real estate defects
- Disputes between tenants and landlords, lessees, and property managers. - pursuing claims for rent or compensation for unauthorized use of real estate.
- Proceedings concerning donations
We represent clients both in negotiations and during court proceedings.
ABOLITION OF CO-OWNERSHIP OF REAL ESTATE – WHAT DOES IT INVITE?
What is co-ownership?
Joint ownership is a situation in which more than one person owns a property. Joint ownership is either joint ownership in fractions or joint ownership in total.
Joint joint ownership can only arise from specific legal relationships based on the provisions regulating these relationships. The essence of joint joint ownership is its non-participatory nature, and therefore a co-owner cannot dispose of their right as long as the joint joint ownership continues. Examples of joint ownership include statutory marital and contractual joint ownership, as well as the share of partners in a civil partnership, general partnership, and limited partnership in the ownership of the property they contribute to the partnership. Joint joint ownership is not a stand-alone legal relationship; it is always inextricably linked to a specific underlying legal relationship. As long as the specific underlying legal relationship continues, joint ownership cannot be dissolved.
In fractional co-ownership, however, each co-owner's share in the common right is defined by a fractional amount. The fraction defines the scope of the co-owner's rights in external and internal relations with other co-owners. As an intangible category, it is the conceptual (ideal) vehicle for the co-owner's rights. 2 Conflicts sometimes arise between co-owners—both regarding management and use of the property, and dissolving co-ownership is a way to resolve such a situation.
Forms of abolition of co-ownership:
- Physical division of real estate – possible when the property can be divided in kind (e.g. plot of land, house)
- Awarding the entire property to one of the co-owners with the obligation to repay the remaining
- Sale of real estate and distribution of proceeds
1. J. Gudowski, J. Rudnicka, G. Rudnicki, S. Rudnicki [in:] J. Gudowski, J. Rudnicka, G. Rudnicki, S. Rudnicki, Civil Code. Commentary. Volume II. Ownership and other property rights, 2nd edition, Warsaw 2016, article 196.
2. Ibidem
OUR OFFER FOR THE ABOLITION
CO-OWNERSHIP
Services provided by the office:
- Analysis of the legal and factual status of the property subject to joint ownership
- Representation before courts in proceedings for the abolition of co-ownership
- Negotiations or mediation between co-owners for the amicable division of property
- Preparation of agreements abolishing joint ownership
- Comprehensive service for the division of property after divorce or inheritance
ABOLITION OF CO-OWNERSHIP
AGRICULTURAL PROPERTY
What is agricultural real estate?
Agricultural real estate is land used for agricultural production, including crop and animal production, as well as horticultural, fruit, and fish farming. The regulations governing such properties are particularly restrictive.
How do we help with agricultural real estate matters?
- We assess the possibilities of dividing the land taking into account agricultural requirements
- We represent farmers and co-owners in court proceedings
- We prepare the necessary contracts and applications for courts and offices
INHERITANCE AND DIVORCE CASES – ABOLITION OF CO-OWNERSHIP OF PROPERTY
Co-ownership of real estate often arises as a result of inheritance or divorce. Our law firm offers comprehensive support in such matters:
- Division of property after divorce (including joint property of spouses)
- Abolition of joint ownership of real estate received in inheritance
- Conducting cases regarding the division of inheritance and the simultaneous termination of joint ownership
FARMER AND OWNER SERVICE
FARMS
Our many years of experience also include comprehensive legal assistance for farmers and farm owners, including in matters such as:
Furthermore, use our help if:
The land and mortgage register is a public register maintained by district courts that contains information on the legal status of real estate. It is the primary document confirming ownership and other property rights. An incorrect entry or lack of an entry in the land and mortgage register can result in adverse consequences, such as difficulties with the sale of real estate. Therefore, anyone planning to buy, sell, or otherwise engage in real estate transactions should ensure that the entries in the land and mortgage register are accurate and legal.
- Regulation of ownership of agricultural land
- Representation before ARiMR, KOWR, municipal offices and courts
- Advice on the lease, sale, and donation of agricultural land
- Support in passing on farms to future generations
Furthermore, use our help if:
- The property you own does not have a land and mortgage register
- The data in the land and mortgage register is out of date or incorrect
- You want to establish or cancel a mortgage, easement, or usufruct
- You have a dispute with another person about the ownership of real estate
- You have inherited a property and need to sort out its legal status.
The land and mortgage register is a public register maintained by district courts that contains information on the legal status of real estate. It is the primary document confirming ownership and other property rights. An incorrect entry or lack of an entry in the land and mortgage register can result in adverse consequences, such as difficulties with the sale of real estate. Therefore, anyone planning to buy, sell, or otherwise engage in real estate transactions should ensure that the entries in the land and mortgage register are accurate and legal.
WHY TRUST US?
- Individual approach – each case is unique to us and treated with due attention
- Effectiveness – we strive for solutions that are legally possible and beneficial to the client
- Full legal service – from advice, through court representation, to document preparation
HOW DO WE OPERATE?
- Initial analysis – we will assess how we can help you
- Action strategy – we will present possible scenarios and their consequences
- Implementation – we will guide you through the entire process, step by step
- Closing the case – we will achieve the goal: dissolution of joint ownership or resolution of the dispute