Directions of the development of judicature of the Supreme Court in cases regarding real estate in 2020 (pt II)

Abstract

The article constitutes the second part of a review of judicature of the Supreme Court in 2020. It presents fundamental theses and motifs regarding the issue of real estate trade in rulings issued by the Civil Law Division of the Supreme Court, mostly concerning individual limited property rights, ownership, land registers and reprivatisation (of Warsaw lands on the basis of the Decree on Ownership and Usufruct of Land in the Area of the Capital of Warsaw of 26 October 1945). The review particularly presents the most imperative theses on the effects of joint inheritance of property by the entitled to easements, the acquisition of a quasi-transmission easement, (easement appurtenant that corresponds with transmission easement in terms of content), inter-temporal matters associated with settling mortgages, but also notions of real estate prescription.

Keywords

• judicature
• real estate
• ownership
• prescription
• easements
• mortgage