Property Law

Property Law - SKP Legal SZCZERBA & KASIŃSKI

Our Law Firm has broad professional experience in property law and provides comprehensive legal support for real estate transactions. We offer our services to institutional investors: real estate developers, property owners, construction companies (general contractors and subcontractors), property administrators, real estate agents, and domestic and foreign individual investors.

We collaborate regularly with notaries throughout the Lower Silesia region, and because of that we can provide comprehensive legal and notary services at each stage of an undertaking; consequently, we mitigate transaction risks, improve processes, and ensure top-notch legal security and a uniquely high quality of service.

Our core areas of expertise include:

  • Surveying and the assessment of the legal status of properties
  • Identifying and mitigating transaction risks
  • Preparing and verifying the validity of real estate transaction contracts
  • Negotiating terms and conditions for acquisition and disposal of any category of real estate
  • Providing legal advice on the acquisition of special properties, including agricultural land and forests
  • Negotiating and drawing up contracts with design and construction project participants (general contractors, architects, designers, and construction supervisors)
  • Providing legal guidance on the commercialization of non-commercial real estate
  • Preparing contracts for the use, lease, and administration of buildings and structures
  • Participating in commercial construction projects: office buildings, hotels, warehouses, and commercial centers
  • Providing legal representation in obtaining stakeholder consent, permits, and administrative decisions required for construction, in particular building permits and administrative decisions to acquire properties (e.g., permits from the Minister of Interior and Administration for the acquisition of Polish properties by foreigners).
  • Preparing and negotiating documents related to financing property acquisition, including through loan or lease
  • Preparing and negotiating documents related to property leaseback
  • Making all necessary entries in land and mortgage registers (e.g., changes in ownership resulting from property acquisition or succession regimes, entries of compulsory mortgages, etc.)
  • Legal advising on acquisition of developer properties (verifying contracts for the reservation of premises, negotiating developer agreements and property sale contracts, verifying the absence of illegal clauses, etc.)
  • Interacting with notaries before and during the execution of contacts, where such assistance is required
  • Preparing real estate for construction (division / merging / delimitation)
  • Creating documentation and providing legal representation in any matters related to changes in spatial planning or decisions on development conditions
  • Performing legal representation in court cases:

– Reconciliation of land and mortgage register entries with actual legal status

– Nullification of agreements

– Usucaption (acquisition of a property through occupancy over a prescribed period of time)

– Succession

– Annulment of joint ownership

– Establishment of or changes in easement

– Delimitation of boundaries

– Prosecution of criminal trespass

  • Legally advising on succession and inheritance of agricultural real estate