Decision to sell units in a building covered by the Warsaw Decree: A source of injury in pursuing claims for damages
After reprivatisation proceedings lasting many years, the legal successors of the former owners of real estate manage to regain the property that was once lost. But often the current value is grossly low, which justifies pursuing compensatory damages.
Failure to consider a decree application can be grounds for public entities to make up the loss for depriving the owners of rights to land in Warsaw.
Monetary compensation for former owners of Warsaw Decree properties could help in many instances to remove the barrier to acquisition by residential cooperatives of adjacent plots of land to improve the conditions for development of their own real estate.
Reprivatisation cases require identification of all the former owners of the property as well as their legal successors. Thorny problems can arise when inheritance documents from France are involved.
Identifying all the parties to reprivatisation proceedings can be difficult when the heirs of the former owners are spread around the world. Proving legal succession requires submission to the court of civil register documents, which may be registered in Poland for the purpose of Polish legal proceedings.