From 1944 through 1962 the governments of the Polish People`s Republic (PRL) brought a lot of legislative instruments (laws, decrees and regulations) into force that caused private owners to lose their properties. The passed nationalisation laws affected mostly landed properties, industry and Warsaw properties.
Due to the illegality of those laws it is now possible for the former owners or their legal successors to claim back their properties by compensation of nationalization implications or by reintroducing administrative proceedings. According to the code of administrative proceedings an unlawful administrative decision can be reversed or found passed unlawfully. In each case the former owner or his beneficiaries can claim back their lost property or demand an appriopriate compensation.
claiming back nationalized properties or compensation
determining the last known owners of properties
tracing owners of properties or their beneficiaries / legal successors
verifying relationship of possible beneficiaries with the owners of properties
determining addresses of properties once possessed by ancestors
DOCUMENTS PROVING OWNERSHIP
Such documents can be:
extract from the land register confirming ownership at the time of nationalization or
extracts from notarial deeds confirming purchase of property (in case land registers are lost or damaged)
decrees of inheritance (if beneficiaries)
all the other documents related to the property being recovered and confirming right to property once confiscated by the state.
If a reprivatization procedure has shown that:
a property was nationalized unlawfully and that it is now impossible to claim it back in kind
law was broken in the process of taking nationalization decision and that it now can not be found invalid due to occurence of irreversible legal consequences (like sale of properties by the state to the benefit of third parties)
then you can not claim back your property in kind. According to the purchase 'in good faith" protection law nobody can be deprived of a property purchased from the state or community "in good faith", even if the property was unlawfully taken away from its owners.
In such a case the former owners can claim a compensation in the form of a substitute property or money. The compensation, however, is not granted ex officio but exclusively upon a motion filed by those affected by the loss of property.
RETURN OF PROPERTY
If a reprivatization decision proves invalidity of the nationalization process and the concerned property is still in possession of the state, then the owner is entitled to claim it back in kind.
After the property has returned to its rightful owner we can take care of selling it on behalf of our clients.
© GeneaTranslat Sokolowski s.c.
PROBATE & HEIR RESEARCH OFFICE
GeneaTranslat Sokołowski s.c.
address: Piękna 43/3, 00-672 Warsaw, Poland
phone.: +48 22 487 98 58