Land ownership act as a basis for legal status regulation of real estate located in rural areas

The concept of real estate legal status has not been explicitly defined by the legislator. Despite this, the literature took the view that this is generally the rights and restrictions assigned to the property. To determine legal status one should determine first the entities which has rights to the property. For the purpose of determining the legal status of real estate, mortgage registers are established in Poland. Unfortunately, at this moment, a large part of the properties, particularly in rural locations do not have established mortgage registers. In the absence of mortgage registers other documents showing ownership of the property may be land ownership acts. For agricultural properties, they are sometimes the only documents on the basis of which one can specify the entities to which it has rights in rem to real estate, they are also the basis for founding the mortgage register. In recent years the number of new mortgage registers increased significantly in real estate of rural areas. The basis for establishing the mortgage register in addition to the documents confirming the acquisition of rights is also data shown in the Land and Property Register, which are the basis for determination of the property. Due to the fact that the legal status of the property disclosed in the Land and Property Register report do not always reflect the legal situation, the necessity of regulation of the state is increasing for the purpose of founding the mortgage register. This need led the authors to a thorough analysis of the characteristics of the land ownership acts as a document confirming the legal status of real estate with a focus on surveying procedures performed during op erations aimed at demonstrating the correct legal status of the property at the Land and Property Register report. This analysis allowed the authors to identify gaps in the law, which main aim is to regulate legal title.