
How to check the land and mortgage register?
The land and mortgage register is a publicly available document describing the condition of real estate.
Before signing the preliminary contract, it is mandatory to check the Land and Mortgage Register. Ask the owner for the book number, then enter the abbreviation EUKW - Electronic Land and Mortgage Registers in the search engine and open this page in your browser, then enter the number provided by the property owner.
After clicking search for the land and mortgage register, it takes us to the title page where on the right side we have:
- land and mortgage register number,
- what type of land and mortgage register is there, what is the title of ownership,
- who keeps the land and mortgage register, what court,
- date of establishment of the land and mortgage register,
- property address,
- who owns it.
Then click browse the current content of the land and mortgage register.
If we want to see all the changes that have ever been made, we can browse the complete content of the land and mortgage register.
The land and mortgage register has 4 sections, the first one consists of two parts:
I-O Department
There you will find the property marking. So we can check
whether we are buying the premises in the actual condition we are talking about with the seller.
The description of the premises should include::
- location and street,
- what type of premises it is, e.g. residential, commercial,
- description of the rooms (e.g. if we make any changes to the apartment, these changes will be made here),
- description of adjacent rooms, e.g. basement, storage room, etc.,
- land and mortgage register number of the entire property where our apartment is located,
- we also have access to information about the ownership title, e.g. separate ownership, cooperative ownership right to the premises.
- usable area of the premises together with the area of the adjacent rooms (remember this because sometimes you need to subtract the area of the basement to calculate the actual usable area of the apartment).
I-Sp Department
List of rights related to property. The first is a fractional share in the common parts of the building and the land on which the building is built. Often, this is where you will find information about a change in the entry due to the transformation of a share in common property under the Act of July 20, 2018 on the transformation of the right of perpetual usufruct of land developed for residential purposes into the ownership right of these lands. It is on the basis of this act and the certificate from the city hall that we have the right to delete this entry. You can do it yourself by downloading the form from the court, asking a trusted intermediary or contacting a notary.
Below is a list of documents that are the basis for the entry, e.g. Premises sales agreement
The certificate referred to above, which gives you the right to delete this entry.
Section II
Property.
We have an owner or owners here:
- name and surname, father's and mother's name and PESEL number,
- company name,
- treasury.
Remember that the courts work according to a "different clock", and it may happen that the current owner will not be disclosed in the book.
However, above there should always be the so-called "mention" of a change in the ownership/co-ownership entry.
In such a case, remember to always ask for documentation on the basis of this mention.
Section III
Rights, Claims and Restrictions, e.g.:
- fee for the transformation of perpetual usufruct into land ownership,
- initiation of execution,
- personal easement, e.g. a grandmother has the right to live in the apartment for the rest of her life, but her grandson is the owner of the apartment,
- passage easement, a neighbor can pass through our plot,
- utility transmission easement, e.g. a transformer on our plot, underground infrastructure
- the neighbor next door may drive cattle through our plot,
Remember that certain things specified in section III may be specifically described in section I-sp, i.e. the list of rights related to property.
Section IV
Mortgages
Which bank took out the mortgage? When?
Both a company and an individual can enter here.
How much is left to repay?
You can find out about this from the owner, who should provide you with the balance to be repaid. After repayment, you can delete the entry in section IV based on the certificate.
There may also be mentions of various applications here (we should watch out for this).
As you can see above, the topic of land and mortgage registers is a very extensive topic.
Regardless of whether you have checked the same book once or four times - it is worth confirming the collected information with a notary or a trusted real estate advisor..