The land and mortgage register

What is the register actually for?

The statute answers this in a single sentence. Article 1(1): land and mortgage registers are kept in order to establish the legal status of real property. It records who holds the property and what encumbers it - it is not an inventory of buildings or land.

Article 2 adds that registers are public, and that no one can claim to be unaware of the entries in a register or of the applications noted in it.

What does the register contain?

Under Article 25(1), a land and mortgage register comprises four sections:

• Section I - identification of the property and entries of rights attached to its ownership.
• Section II - entries concerning ownership and perpetual usufruct. This is where you check who the owner is.
• Section III - limited rights in rem other than mortgages, restrictions on disposing of the property, and other rights and claims.
• Section IV - entries concerning mortgages.

The practical consequence is that encumbrances appear in Sections III and IV. Checking Section II alone tells you who owns the property, but not whether it is free of debts and third-party rights.

Can I check a register from the United States?

Yes. Under Article 36⁴(6), anyone who knows the register number may view it online free of charge. A printout of what you see on screen, however, does not have the force of a court document (Article 36⁴(7)).

When an official document is needed, the Central Land and Mortgage Register Information office issues copies and extracts on request, and these have the force of documents issued by a court. If the request is filed online, the documents can be downloaded, and they keep that force as long as they can be verified against the central database (Article 36⁴(2) to (4)).

Can you rely on what the register says?

To a large extent yes, through two separate mechanisms. First, Article 3(1) creates a presumption: a right disclosed in the land and mortgage register is presumed to be entered in accordance with the actual legal status. A right that has been deleted is presumed not to exist (Article 3(2)), and the presumption arising from the register cannot be countered by a presumption arising from possession (Article 4).

Second - and this is considerably stronger - Article 5 establishes the public faith of land and mortgage registers: where the legal status disclosed in the register differs from the actual one, the content of the register prevails in favor of a person who, by a legal transaction with the person entitled according to the register, acquired ownership or another right in rem.

When does the register not protect a buyer?

The public faith of the register has limits written into the statute. Under Article 6, it does not protect a transfer made free of charge, such as a gift, or an acquirer acting in bad faith, meaning one who knows that the register is inaccurate or could easily have found out.

Under Article 7, it also does not operate against, among others, rights that encumber a property by law regardless of any entry, a lifetime support right (dożywocie), an easement of necessary access, and a transmission easement for utility lines. Under Article 8, it is excluded altogether by a notice of a pending application or of a challenge to a decision, and by a warning that the register does not match the actual legal status. That is why the whole register has to be read, not just the name of the owner.

What if the register is wrong?

Under Article 10(1), a person whose right is not entered or is entered incorrectly, or who is affected by an entry of an encumbrance that does not exist, may demand that the discrepancy be removed. That claim may itself be disclosed in the register by a warning, based on a court decision that is not yet final or on an order securing the claim (Article 10(2)).

I inherited a property in Poland. Must I update the register?

Yes. Under Article 35(1), the owner must promptly apply to have their right entered in the register, and under Article 35(2) an owner who fails to do so, or delays, is liable to third parties for the resulting damage.

Where the inheritance is confirmed by a notary's certificate of inheritance, the notary files the application for the entry online, provided the documents show the succession from the owner entered in the register, and that filing counts as the heir's own (Notary Act, Article 95j). Otherwise courts, public authorities, and a notary who has not filed the application notify the register court of the change of owner. The court then enters a warning of its own motion, and the notice sent to the owner states that the application must be filed within one month of delivery. The court may impose a fine of PLN 500 to PLN 10,000 on an owner who delays (Article 36). Settling the inheritance itself is described in our guide to inheriting in Poland from abroad.

Why this matters when the property is in Poland and you are in the U.S.

The register is the first document every property matter starts from - a sale, a division of an estate, or clearing up ownership. It allows the legal position to be established without an inspection on site, which matters greatly at a distance.

How we help

We examine all four sections of the register, establish whether the disclosed status matches the actual one, and identify what must be put in order before a sale or division. Under a power of attorney we act for you in Poland, including filing the application to enter you as owner.

This article is general information about Polish law, not legal advice about your matter. Legal basis: the Act on Land and Mortgage Registers and Mortgages (consolidated text, Journal of Laws 2026 item 1066), Articles 1 to 8, 10, 25, 35, 36 and 36⁴; the Notary Act (consolidated text, Journal of Laws 2026 item 614), Article 95j. A discrepancy between the register and the actual legal status calls for separate proceedings, which have to be checked case by case. Describe your situation if you would like to know how it applies to you.