reprivatisation

Seeking damages under the Warsaw Decree

Even though it has been nearly 70 years since Warsaw properties were nationalised, some former owners or their legal successors may still seek return of their property or at least damages. But damages do not include lost benefits.

Compensation for more nationalised real estate in Warsaw

The Polish Constitutional Tribunal has significantly expanded the set of former owners of properties in Warsaw who are entitled to compensation for seizure of their real estate by communist authorities following World War II.

Damages for unlawful nationalisation may be sought through the courts

The Polish Supreme Court has upheld the possibility of seeking damages through the courts for nationalised property…

Perpetual usufruct and public reliance on land and mortgage registers

The warranty of public reliance on land and mortgage registers protects an acquirer of perpetual usufruct in the event of defective entry in the land and mortgage register of the State Treasury or territorial governmental unit as the owner of real estate.

Execution of reprivatisation claims against the Polish State Treasury

Execution against the State Treasury generally guarantees full satisfaction of a creditor’s claim, even if funds have not been earmarked for this purpose in the state budget.

A long way home

Cases seeking restitution of real estate in Poland lost through post-war agricultural reforms can stretch out for years.