What is a land and mortgage register?
If you plan to buy an apartment or house, you have certainly heard about the existence of land and mortgage registers. Often, however, this term seems quite mysterious to us and we do not know what exactly they are. What is in land and mortgage registers and who can see their content? When do we need access to land and mortgage registers and where do we get it? – a specialist from notariat.edu.pl answers.
What does the land and mortgage register contain?
Land and mortgage registers make it possible to maintain order and legal status of all real estate, i.e. apartments, houses, buildings, construction plots and land. They are conducted to determine the legal status of real estate as well as cooperative ownership rights to flats or commercial premises, as well as rights to single-family houses in housing cooperatives. In each land and mortgage register we will find an identical set of information about the property it concerns. Land and mortgage registers allow, for example, to find a person authorized to sell property, as well as to check whether the property is encumbered with third party rights. We can also check the amount of any financial collateral that may encumber the property and assess other potential legal risks. The information contained in the land and mortgage registers is updated on an ongoing basis. They are divided into four sections.
- The first section contains basic information about the property, such as its location and size, as well as information on the entered rights related to its property.
- The second section includes information on ownership and perpetual usufruct.
- The third section contains information about limited property rights regarding real estate. These are, for example, information on easements encumbering the property, information on existing restrictions on the disposal of real estate or perpetual usufruct, as well as information on other rights and claims relating to real estate.
- The fourth section includes information on mortgages encumbering the property, i.e. their amount and on whose behalf they were established.
Familiarization with the content of the land and mortgage register is necessary if you plan to buy an apartment or a house.
Principles of land and mortgage registers
Land and mortgage registers are covered by the principle of material transparency, which means that the rights entered in the land and mortgage registers are entered in accordance with the actual legal status. Another rule, called the principle of universal openness of land and mortgage registers, means that everyone has the right to inspect the contents of the land and mortgage registers irrespective of their legal interest. The consequence of this rule is that one cannot hide behind the ignorance of entries in the land and mortgage registers or applications that were mentioned in the book. In connection with this, it is impossible to invoke the lack of knowledge of the entry, for example, to protect against claims of persons whose rights were disclosed in the land and mortgage register.
Land and Mortgage Registers online
We already know that anyone interested can have access to land and mortgage registers. But where can he do it? To facilitate access to land and mortgage registers, their content is systematically transferred to the electronic Central Land and Mortgage Registry Database. Land and mortgage registers in electronic form are in turn made available via the Internet. Thanks to this, anyone who needs it has the opportunity to view the content of the land and mortgage register, print it via the Internet or download the content of the book in PDF format. To view the electronic land and mortgage register, you only need to know its number.