Winning of RKKW client in a dispute over the reconciliation of the content of the land register

The District Court for Warsaw-Wola in Warsaw legally dismissed the action against the RKKW Client to reconcile the content of the land and mortgage register with the actual legal status, stating that the contract under which he acquired the disputed property was lawful.

Our client bought a building plot from an entity that had acquired it under a transfer of ownership agreement as collateral. This transfer of ownership secured a loan agreement that the plaintiff had not repaid. Nevertheless, the plaintiff demanded that the content of the land register be reconciled by re-entering his ownership rights. He argued that the loan agreement was invalid due to, among other things, the company’s authorised representative exceeding his authority and violating the principles of community life. The plaintiff also questioned the transfer of ownership agreement as collateral, claiming that it led to excessive collateralisation of the property.

However, the court rejected all the plaintiff’s arguments. In particular, it did not find any violation of any principles of social coexistence or any over-securing of the property. The court additionally emphasised that our client was protected by the warranty of public faith in land and mortgage registers.

The judgement of the District Court for Warsaw-Wola in Warsaw is final.

The client in the dispute was represented by:

Marcin Jasiński – Partner, legal counsel

Konrad Oleszczuk – Counsel, legal counsel