One way to acquire ownership is through the acquisition of immovable property by prescription, regulated in Book Two of the Civil Code (Articles 172-176 of the Civil Code). It is not the most common form of ownership acquisition (sales agreements and notarial deeds serve that purpose), however, in situations of formal deficiencies, the negligence of the original owner, or simply "life's complexities," it is often the only chance to save one's life's work.
💡 Key takeaways
- Adverse possession means acquiring ownership of a property as a result of long-term, continuous, and "sole" possession of that property by someone who was not previously its lawful owner.
- The timeframe here is crucial and depends on the possessor's state of intent, more precisely the so-called "good" or "bad" faith. Adverse possession in good faith requires the passage of 20 years.
- Adverse possession in bad faith - meaning a situation where the possessor knew perfectly well, or could have easily checked in the Land and Mortgage Register, that a given plot of land still belonged to, for example, their cousin - requires waiting for an uninterrupted period of 30 years.
- The law makes a huge distinction between the rights stemming from Ownership itself (ius disponendi, the right to collect benefits) and the status of Possession (which consists solely of physical control – "corpus").
Ownership absorbs Possession, but Possession does not always grant Ownership. A tenant paying rent is a Dependent Possessor (beneficiary). To acquire anything by prescription, you must possess the thing exclusively as an Independent Possessor – that is, fully as its true owner.
Adverse possession of real estate. Deadlines, differences from possession and good faith
Adverse possession of real estate. When does this happen?
As a reminder: real estate is not just flats. It also includes parts of the Earth's surface that constitute a separate property entity (land, orchards) or buildings permanently attached to that land. According to Art. 172 §1 of the Civil Code, only and exclusively someone can acquire real estate by prescription. actual owner – a property holder who is not the owner at the moment the statutory, uninterrupted period expires.
In practice, adverse possession usually results from a fatal flaw in the form of property transfer (e.g., a purchase through a casual oral agreement between brothers in the 1980s, where an official entry in the Land and Mortgage Register by a notary was missing) or from decades of neglect and lack of interest in the property by the original investor/owner, which allows neighbours to "incorporate" the land.
Ownership and possession. Control for oneself (Animus)
The possessor, in order to be able to aspire to possession and claim it in court with the help of a qualified lawyer, must be distinguished by two Roman characteristics of original possession:
Corpus Indeed, he physically owns the thing. He maintains it, mows his lawn on it and looks after the house.
Hostility treats it exactly as if they were the intended owner in a psychological sense (therefore not secretly paying the original owner rent benefits).
You will never be a tenant (and will not acquire by prescription) whilst dependent holder (e.g. as a Tenant or someone borrowing someone else's loft). Law properties This is a phenomenon that is great, strong, and universal – the owner doesn't have to mow their garden or even see it for a decade. Legally, it still belongs to them. For the same reason, the old owner decides to finally undergo the difficult legal process of adverse possession in court – gaining full ownership. The right to dispose of (rights to sell land or place a bank mortgage), previously impossible for him to achieve due to being merely a possessor with an imperfect land registry entry.
Adverse possession of real estate. Duration
The assessment of good faith or bad faith ultimately always rests with the judge, who thoroughly examines the origins of the adverse possession – because Faith is determined at the moment of taking possession.
Good faith (20 years): You are eligible under this provision if you genuinely held the mistaken belief – albeit one strongly justified by the circumstances or the seriousness of the administrative errors – that the property in question belonged to you from the outset under 100%. After just 20 years of possession, you may, on this basis, apply for adverse possession.
Bad faith (30 years): You are in possession of it if, objectively speaking, you have done absolutely nothing with standard 'due diligence' to check in the explicit Land and Buildings Register who is listed there as the owner of the plot, or if you occupy the land perfectly aware of the harm to a foreign person (who abandoned the plot 30 years ago). The law allows for acquisition by prescription here on the ruins of any interest from the old owner over a gigantic, uninterrupted period of 30 years.
Usucaption of the right of perpetual usufruct
Perpetual usufruct (as a rule) concerns the transfer of State Treasury or municipal land to natural persons for a period of 40-99 years, sealed by a powerful notarial deed. The right to be a legal perpetual usufructuary (and ownership of buildings constructed on this official land in its entirety) is also subject to standard terms. 20 and 30-year adverse possession.
However, it should be noted that with the adverse possession of perpetual usufruct (which is directed against the previous tenant/usufructuary, and not against the State Treasury), one can only acquire by adverse possession a perpetual usufruct "already historically and administratively established in someone's name", not a "future, imaginary claim for the establishment of this right on an empty municipal plot".
Acquisitive prescription is one of the more powerful arguments in Polish law. If you have grounds to fight for "land acquisition by prescription for your plot", I strongly recommend seeking the help of a legal advisor for complex verifications. in good faith or bad faith.