I Ns 1420/14
AI generated
Court allows acquisition of property by adverse possession based on good faith and notarial deed.
Poland (PL)
Legislator summary
AI generatedThe court ruled that the applicants acquired ownership of the disputed land through adverse possession on October 4, 2011. The applicants argued they possessed the property in good faith, supported by a notarial deed and physical structures, while the State initially opposed the claim. The court granted the request because the possession was continuous, open, and in good faith, satisfying the statutory requirements for ownership transfer.
Legislator headnote
AI generatedArt. 172 § 1 k.c.; Art. 172 § 2 k.c.: A possessor in good faith acquires ownership after twenty years of continuous possession; the court found the applicants' possession met these criteria due to the notarial deed and lack of bad faith.
Keywords
AI generated
adverse possession
good faith possession
acquisition of ownership
notarial deed
civil code provisions
property rights
continuous possession
Cited Legislation
AI generatedArt. 172 § 1 k.c.
Art. 172 § 2 k.c.
Art. 113 ust. 1 ustawy o kosztach sądowych w sprawach cywilnych
Art. 520 § 2 k.p.c.
Art. 520 § 1 k.p.c.
art. 172 § 1 k.c
art. 172 k.c
art. 520 § 2 k.p.c
art. 520 § 1 k.p.c
Related Decisions
AI generatedI C 205/11
Court partially allowed windication claim for specific land strip where fence deviated from legal boundary.
II Ca 21/15
Appeal dismissed; boundary line determined by 1971 possession and fence, not survey area discrepancies.
III Ca 580/13
Appeal court remands boundary dispute case for retrial due to first instance court's failure to prioritize legal title over possession.
IV Ca 485/15
Appeal dismissed; court upheld boundary delimitation based on expert opinion and rejected adverse possession claims.