Monitor Prawniczy

no. 3/2021

The importance of effectiveness of personal rights and claims disclosed in the lang and mortgage register

DOI: 10.32027/MOP.21.3.1
Maria Świątko
Autorka jest sędzią w stanie spoczynku.
Abstract

In order for a personal right or claim to be disclosed in the land register, there must be a legal provision that would allow for the disclosure. The enumeration found in Art. 16 of the Land and Mortgage Register Act is not exhaustive. Pursuant to Art. 17 of the Act, a personal right or claim disclosed in the land and mortgage register becomes effective in relation to the rights acquired by legal action after its disclosure, with the exception of a right of way easement, transmission easement or an easement established in connection with having crossed the boundary when erecting a building or another structure. Disclosure of rights and claims in the land and mortgage register causes that whoever acquires real estate does so with the restriction arising from the content of the right entered, or the claim which is effective vis-a-vis that party.