Perpetual books play a key function in the Polish legal system, especially in the context of real estate. They constitute an authoritative registry which confirms the legal position of the property, which is essential for both sale and inheritance. What, though, if a property included in the inheritance does not have a perpetual book? In this article, we will explain what steps to take to solve this problem and regulate the legal position of the property.
What is the eternal book, and why is it so important?
The eternal book is an authoritative paper that contains all applicable information on the property. It includes data on the owner, possible legal restrictions, mortgages and another rights and obligations relating to the property. Thanks to the perpetual book, it is possible to find rapidly and confidently who is the rightful owner and what obligations on the property are imposed.
Why are eternal books so important?
First of all, they supply legal certainty in real property transactions. They minimize the hazard of buying property from a individual who has no rights to it. The absence of a perpetual book can lead to serious complications, especially in the case of inheritance.
No Perpetual Book and a Decline: What Are the Consequences?
The deficiency of a perpetual book for the property included in the inheritance can make the inheritance process much more complicated. The heirs must prove their right to property otherwise, e.g. by presenting purchase-sale contracts, taxation papers or another evidence of ownership.
Can a property be inherited without a perpetual book?
Yes, but this process is more complicated and may require additional legal action. The heirs must be prepared for lengthy judicial proceedings and the request to collect appropriate documents.
How do you recover the missing eternal book? Step by step
If the property does not have a perpetual book, it is possible to establish it. However, this process requires certain formalities. These are the steps to be taken:
- Collect All Documents
Documents proving ownership are necessary, specified as:
- Notarial acts,
- Purchase contracts,
- Tax documents,
- Other evidence of ownership.
- Application to the General Court
The application for the establishment of a perpetual book shall be submitted to the applicable regional court. The application shall contain all the papers collected and the justification. - Wait for the decision of the court
The process of setting up a perpetual book may take respective months, depending on the complexity of the case. The court may besides request additional evidence or proceeding of witnesses.
Role of the court in the process of establishing the eternal book
The court plays a key function in the process of establishing the perpetual book. He decides whether the papers provided are adequate to confirm ownership. In any cases, the court may require additional evidence, which may prolong the full process.
What if a property without a perpetual book is the subject of inheritance?
If the property without the perpetual book is part of the inheritance, the heirs should take steps to establish it. It is crucial to collect all available papers which can confirm the right to property. It is besides worth utilizing a lawyer to aid prepare the application and representation before the court.
Costs related to the establishment of a perpetual book
The costs of establishing a perpetual book may vary depending on the situation. Costs may include:
- Court fees,
- Costs of collecting documents,
- Lawyer's wage (if we decide to aid him).
Does the deficiency of a perpetual book make it hard to sale property?
Yes, the deficiency of a perpetual book definitely makes it harder to sale real estate. possible merchants may fear buying property without a certain legal condition, which may lead to a decrease in its value or an increase in the sales process.
Summary: How to solve the problem of the deficiency of a perpetual book?
The deficiency of a perpetual book is simply a problem that can complicate both inheritance and sale of property. Nevertheless, there are procedures to establish the missing book and to regulate the legal position of the property. It is crucial to collect the applicable papers and to receive legal assistance if the situation so requires.
The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.You have questions or request aid – welcome to contactOh, my God!
Frequently Asked Questions (FAQ)
- Does the absence of a perpetual book prevent property from inheriting?
No, but it can make the inheritance process much more complicated. - What papers are needed to establish the eternal book?
Documents confirming ownership are required, specified as notarial acts, purchase-sale contracts and taxation documents. - Can a court reject a motion to establish a perpetual book?
Yes, if the evidence provided is not sufficient. - How long does the process of establishing a perpetual book take?
This process may take respective months, depending on the complexity of the case. - Does the deficiency of a perpetual book affect the value of the property?
Yes, the deficiency of a perpetual book can lower the value of the property and hinder its sale.
Continued here:
The deficiency of a perpetual book and the decline: How to solve the problem and regulate the legal position of the property?
