Commentary to the judgment of the Voivodship Administrative Court (WSA) in Warsaw of 10 March 2020, I SA/Wa 1930/19, LEX no. 3043478. The concept of “Property left beyond the borders of the Republic of Poland”

Abstract

In the Act of 8 July 2005 on the Exercise of the Right to Compensation for Real Property Left Beyond the Present Borders of the Republic of Poland, there is no clear definition of the date that should be taken into account for the purpose of determining whether one meets the premise of being the holder of the ownership title to the left real property. Moreover, judicial practice also lacks a uniform answer to the question whether such owner of the real property left beyond the borders should provide the proof of title to that property as at the date of the outbreak of the Second World War, i.e. on 1 September 1939, or as at the exact date of departing from that territory. In the commented judgement, the court found that persons who were not the holders of the ownership title to the property as at 1 September 1939, but who later became property owners and, at the same time, met the other statutory conditions, are entitled to the Bug River compensation.

Keywords

• ownership
• real property left beyond the borders of the Republic of Poland
• property located beyond the Bug River
• the Bug River Act