Reprivatisation claims

We conduct cases involving:

  • Real estate in Warsaw (land and buildings) taken under the “Bierut Decree” of 1945
  • Real estate (manor houses, palaces and land) taken in post-war agricultural reforms
  • Nationalised industries
  • Nationalised forests
  • Land taken for public use
  • Compensation for property located in former Polish territory now east of the border
  • Land taken for use as public roads
  • Property of religious congregations.

Our clients include:

  • Former owners of nationalised properties and enterprises (or their legal successors)—both individuals and legal persons, including pre-war companies (and the heirs of shareholders in such companies)
  • Current owners or usufructuaries in disputes with former owners of nationalised properties
  • Real estate developers
  • Companies
  • Investors interested in acquiring regained properties
  • Banks issuing credit secured by mortgages on real property that is or could be subject to reprivatisation claims
  • Individuals and banks in cases involving real estate subject to proceedings before the Commission for Reprivatisation of Warsaw Property.

Before accepting a case we conduct a careful analysis based on the documents provided by the client and archival ownership documentation and administrative documentation available at courts and public offices. After evaluating the chances for success in the case, we present the client an offer for legal services.

We assist clients in regaining unlawfully taken property in kind, or obtaining due compensation, including compensation for reduction in value of the property, non-consensual use, and turnover of benefits obtained from the property.

We clear title to property subject to reprivatisation claims so that owners, investors and banks financing projects can safely carry out transactions involving the property on the real estate market.

We conduct proceedings to convert perpetual usufruct into ownership.

We determine legal succession from the former owners of properties.

We represent our clients in:

  • Administrative proceedings before administrative authorities, including the Commission for Reprivatisation of Warsaw Property, and before the administrative courts and the Supreme Administrative Court
  • Civil proceedings before the common courts and the Supreme Court of Poland
  • Negotiations with investors interested in acquiring properties, on behalf of the owners or holders of reprivatisation claims.

We prepare legal opinions for clients explaining the current legal status of real estate subject to reprivatisation claims, providing a basis for the client to take objective and economically justified decisions concerning such properties. We advise owners of regained property planning to commercialise the property.

We cooperate with licensed surveyors (in partition of real estate for reprivatisation purposes) and appraisers (in valuing real estate and assessing claims for compensation for lost property) as well as real estate brokers.

We provide tax and corporate advice, advice on inheritance cases, extension of perpetual usufruct rights, conveyancing, rights to individual units, and so on.