Zasiedzenie nieruchomości – jak skutecznie się bronić? Poradnik 2025 | PRAWNIK OD NIERUCHOMOŚCI

Adverse possession of real estate is a topic that has been generating increasing controversy in recent years. In an era of constant changes in civil law and growing problems with plot boundaries and abandoned properties, many owners are unaware that failure to act can result in the loss of ownership. Yes, if a neighbor has used your property for many years and treated it as their own, they can simply… adverse possession. In this video, Joanna Koch, an experienced real estate lawyer, explains how to defend against adverse possession, how to interrupt it, and what to do to avoid losing what belongs to you. Learn how to prevent adverse possession of a plot, what an owner's "offensive action" means, when to file a lawsuit, and why simply sending letters isn't enough. This video is a practical guide to the most risky situations for land and building owners – full of specific examples, tips, and legal tools you can use before it's too late. 🔍 Summary of the video – what will you find in the video? Joanna Koch, an attorney specializing in real estate law, presents the most important aspects of defending against adverse possession. The video begins with a review of the basics – what adverse possession is and when a property can be taken by another person. She also discusses the difference between good faith and bad faith adverse possession, providing specific figures: 20 years in good faith, 30 in bad faith. The viewer learns what autonomous possession is, how an owner's inaction works, and why it can be disastrous. Then comes the key question – how to effectively defend oneself? Joanna outlines specific steps: the most important of which is interrupting the running of adverse possession by taking offensive action – for example, filing a lawsuit or a motion with the court. The viewer is given clear instructions: what a lawsuit must contain, what types of actions are considered effective, and which – despite good intentions – have no legal force (e.g., simply sending letters to a neighbor). The expert also discusses other legal tools that can help owners retain their property – applications to terminate joint ownership, enforcement proceedings, and corrections to the land and mortgage register. The film also covers practical aspects: how to gather evidence, which documents can be crucial, and why not only the law but also acting at the right time is important. Finally, Joanna warns – don't wait for the situation to develop; act immediately. Adverse possession cannot be reversed. And if you miss the deadline for responding to the court, you could lose your property forever. 1. What is adverse possession and when does it occur? Adverse possession is a civil law institution that allows a person who is not the legal owner to acquire ownership of real estate through long-term possession. The key concept is autonomous possession – a person uses land or a house "as an owner," even if they don't have legal title to it. Two time thresholds are decisive: • 20 years – if the user acted in good faith, • 30 years – if the user acted in bad faith, knowing they were not the owner. The most common cases of adverse possession are when a neighbor moves a fence, someone occupies an abandoned house, or the user uses the plot for many years without the owner's action. 2. How to effectively interrupt the running of adverse possession? The owner has a powerful tool – an offensive action, i.e., a formal action aimed at reclaiming possession. Most often, this will be: • a lawsuit to hand over the property, • a motion to dissolve joint ownership, • a lawsuit to establish ownership rights, • a bailiff's execution. Important: simply sending documents DOES NOT interrupt adverse possession. To be effective, the case must go to court. Therefore, quick action and the support of an experienced lawyer are crucial. 3. What evidence matters? Evidence is the foundation of every adverse possession case. You should collect: • purchase agreements, notarial deeds, • photos, maps, sketches, • correspondence with neighbors, • witness statements, • survey documents. The sooner you start documenting your activities as a property owner, the greater your chances of success. Subscribe to our channel for more practical legal advice! 👍 Like this video if it helped you understand legal procedures – it's a sign that such content is valuable to us. 💬 Have questions? Leave a comment – ​​we'll answer all your questions. 📞 Need legal advice? Contact us – we help solve real estate problems. Contact us: 📞 Phone: (+48) 22 299 78 98 📧 Email: kontakt(at)gplf.pl 🌐 Website: https://www.gplf.pl 📝Schedule a consultation via https://www.prawkodnieruchomosci.com/...