Compensation for real property expropriated under the special purpose Road Act. In the course of proceedings to determine compensation for a real property intended for a road, we have successfully challenged the decision determining the understated compensation, including the real property valuation report. As a result of our work, our client has obtained compensation for the land intended for a road in the amount four times higher than originally determined.
Winning a case for acquisitive prescription of a real property under the decree on the agrarian reform..
We have successfully represented our client in a case involving an acquisitive prescription of real property under the decree on the agrarian reform. The first instance court has dismissed the petition of the State Treasury, fully sharing our arguments, in particular as concerns force majeure and the lack of possibility to acquire the property by acquisitive prescription by the State Treasury. The second instance court has dismissed the appeal of the State Treasury, and the Supreme Court has refused to accept the State Treasury's cassation appeal for consideration.
Question to the Constitutional Tribunal. We took part in an inheritance case in which the legal situation allowed us to present the case before the Constitutional Tribunal. A will was found, which had never been seen before, in which the client's mother donated all her assets, including a tenement house at Nowy Świat Street in Warsaw ... to Lech Wałęsa - President of Poland. It happened at the beginning of 1991. The testator was in a state precluding conscious making of such a declaration, and the will was disclosed only in 2018. The 10-year period for invoking defects in declarations of intent under Article 945(2) of the Civil Code expired from the date of opening the inheritance. For this reason, the District Court amended the decision and awarded the inheritance to the State Treasury, although it had previously been stated that my client, the testator's son, was the heir. However, the court has applied the legal provision literally, without taking into account its function. We filed an appeal requesting the Court of Appeal to ask the Supreme Court to clarify the legal issue. The Court of Appeal directly applied to the Constitutional Tribunal for clarification of the following issue: whether Article 945(2) of the Civil Code, to the extent that it precludes the possibility to invoke, in the course of proceedings to amend the decision ascertaining the acquisition of the estate, the invalidity of a will after the lapse of 10 years from the opening of the inheritance, if the will has been opened and announced after the lapse of the 10-year period - is consistent with Article 64 (1) and (2) in conjunction with Article 2 of the Polish Constitution.
A favourable judgment concerning vacant and heirless inheritances. i bezdziedzicznych. We have led to the dismissal of an appeal filed by the State Treasury in a case for ascertainment of acquisition of the inheritance from the owner of a Warsaw property located at 4, Syreny Street. The Court considered as unfounded the State Treasury's allegations aimed at proving that the inheritance in the case was a vacant one, i.e. had passed to the State Treasury. The courts of both instances in this case held that, despite the absence of an inheritance decision, the heirs of the former owner of the real property took possession of the inheritance and thus the inheritance was not vacant and heirless. It means that our client has an open way to pursue his claims to the real property.
Recovered properties. From 1990 to the present day we have recovered for our clients more than 30 properties in Warsaw, as well as a number of other properties throughout Poland. Although the process of recovering real property is very complicated and multi-threaded, the cases have been successfully completed.
Compensations for lost property. In cases where the recovery of real properties was not possible, we have won compensation for their loss. These compensations were pursued both in court and in administrative proceedings. The amount of compensation reflects the market value of the property.
Revocation of the decision of the Verification Committee. We have led to the revocation of decisions of the Verification Committee by the Warsaw Administrative Court in a number of cases, including the case concerning real property at 22, Widok Street, 1B, Bartoszewicza Street, 6a, Nowogrodzka Street, and others. The administrative court held that the restitution decisions concerning these properties were lawful, and that the infringements referred to by the Verification Committee were not justified, nor could they cause these decisions to be revoked. The administrative court held that the restitution decisions concerning these properties were lawful, and that the infringements referred to by the Verification Committee were not justified, nor could they cause these decisions to be revoked.
Finalisation of the transaction involving the sale of the property in Warsaw.. In February 2022, we successfully completed a very long and complicated process of selling a Warsaw property worth PLN 17 million.