ESTATE RECOVERY/ DAMAGES
Restitutions in kind
It happens more than once, that the real estate has not been utilized to the accepted purpose, and therefore, it causes to undertake the legal procedure in order to restitute said estate in favour of previous owners or their heirs. In case, if such an estate has been paid off in the past ,there are no obstacles to recover it anew.
Also partly utilized estate as previously predicted to achieve the objectives that have been set, does not exclude the possibility to recover the remaining unutilized plot.
Restitution in kind is also possible even if it is eliminated from the legal transactions of the administrative law, which is the basis of real estate recovery, due to issue it with the flagrant violation of the law.To regain the property law, one may lead proceedings on the Land Register contents with its real legal status or to claim to recover the property from the (Treasury of Poland or local government unit), which is in unlawful possession of the real property.
Should the proprietary right be deprived, violating in this way the applicable regulations with no possibility of recovering any estate in kind (e.g., in consequence of its sell to the third party), those who are interested may claim compensation in Court.
The faulty compensation decision can also be eliminated from legal transactions, resulting in compensation claims, which, however shall be accomplished in the course of the administrative proceedings. In the situation of depriving of the property law without settling a compensation (even after scores of years), there still are lawful possibilities to regain the compensation right now. Having in mind afore said issues, we are in position to verify a legal possibilities to regain a compensation for you by collecting indispensable set of documents and its verification and to achieve a due payment.
During the course of the proceedings our experts verify estimated opinions, which are the basis to assess a compensation in such a way that the amount you can get was as high as possible and corresponding with the actual market value. Just as in others cases being run by us, we do control and verify the process of legal proceedings on its all stages striving to complete the case as soon as possible.
Range of service
Legal proceedings comprising within its scope both the restitutions and damages against the properties ( expropriated or nationalized) by the Polish Government on the basis of many legal acts are run by us,especially the following*
- act on rules and procedures of expropriated immovable;
- decree on ownership and the right of user in the area of Warsaw city;
- decree on expropriated estate seized for public utilities at the time of war 1939 – 1945;
- decree on real estate acquiring and transferring of the properties required to fulfil all requirements for the national planned economy;
- decree on single – family trade in the cities and housing estates;
- acts on a rural housing areas;
- acts on land administration in the cities and housing areas;
- acts on single-family and rural housing along with the division of immovable property in the cities and housing Estates;
- decree on agricultural reform;
- decree on forestry.
* afore are sample calculations and do not comprise all acts in the form of expropriated-nationalized , on the basis of which the properties were recovered.
We are also running with the problems connected with the properties where transmission networks are located (water – pipe network, power supply, gas grid), rendering service connected with the regulation of legal status of property (among other things: by establishing of an easement for payable transfer media as above, and obtaining payment for perpetual usufruct of the property by transferring enterprise.
Within the range of our service is also the assistance property owners, whose rights have been deprived due to the community’s misuse of planning power as a result of establishing or changing an area development plan resulting in limited property use.