Despite the constant changes in the economic and market conditions in Poland, real estate still remains an extremely popular form of investing the accumulated capital and obtaining financial security. In order, however, for the purchased or sold real estate to fulfil its purpose, it is necessary to conduct an in-depth analysis of both its legal status and the provisions of the agreement related thereto. At the same time, the number of factors and risks occurring in real estate transactions and the value of these transactions indicated a need, and often a necessity to use a professional and efficient legal advice on the individual stages of the investment.
Providing comprehensive legal service in matters related to real estate is one of the main areas of activity of our Law Firm since the beginning of its operation. We deal with both commercial and residential real estate, including tenement buildings, single- and multi-family buildings, premises, undeveloped land and land released for perpetual usufruct; we advise developers, companies and individual private investors, both domestic and foreign. Our team of lawyers cooperates with licensed real estate agents, managers and notarial offices. At the same time, Krakow and its surroundings constitute a crucial field of practice for our Law Firm in respect of real estate.
The services provided by our Law Firm in respect of the above include, e.g.:
- drawing up comprehensive analysis of the legal status of real estate – due diligence (assessment of the risk of third party claims, reprivatization claims, analysis of land and mortgage registers, land register, official files of buildings and the conditions of zoning and land development);
- drawing up agreements and documents necessary to carry out real estate purchase and sale transactions;
- drawing up and assessment of agreements on the release of real estate or individual premises to third parties for use (in the form of rental, lease, use or lending);
- negotiating the conditions of transactions related to real estate on behalf of the Client and supporting the Client during the conclusion of notarial deeds;
- securing the performance of agreements related to real estate, including by introducing provisions on the relevant rights or penalties or by establishing mortgages;
- legal analysis of preliminary, final and developer agreements, also in terms of the presence of illegal clauses;
- representing the Client in land and mortgage register proceedings;
- representing the Client in legal and administrative disputes related to real estate (e.g. inheritance cases in the court, usucaption, abolition of joint ownership, transfer of ownership, demarcation, establishment of land easement, including easement of access, non-contractual use of real estate, updating the land and mortgage register according to the actual legal status);
- dealing with matters related to property protection, establishment of land easement or compensation for the location of a network within the Client’s premises by transmission companies.
Housing cooperatives hold a special place in the activity of our Law Firm related to real estate.
Few legal constructions spark so much controversy as to their current functioning as housing cooperatives. Companies administering common real estate, board members of cooperatives and owners of premises are constantly faced with an extremely problematic issue of reconciling the interests of various groups, often consisting of dozens of persons, on the basis of the interpretation and practical use of the relevant regulations, including the Act on the Ownership of Premises.
Our Law Firm has extensive experience in cooperating with and supporting the entities running housing cooperatives on a daily basis, and our legal counsels represent both the cooperatives, as well as their individual members before courts and administrative bodies and act as agents in mutual contacts.
Our offer in respect of the above includes:
- conducting negotiations and proceedings before developers related to defects in the common real estate;
- conducting proceedings against insurance companies for the payment of benefits due in respect of the common real estate;
- recovery of amounts due to cooperatives on the stage of court and enforcement proceedings;
- representing the interests of cooperatives in case of bankruptcy of the owner of the premises or the debtor;
- appealing against the resolutions of housing cooperatives;
- legal assistance and advice related to the practical aspects of managing common real estate, including the disposal thereof for various purposes, its use by members of the cooperative, settlement of common costs and the costs of premises and carrying out the necessary inspections;
- legal assistance and advice related to the functioning of cooperatives in the condohotel type of investments;
- drawing up resolutions and minutes from the meetings of cooperatives;
- drawing up agreements for the management of common real estate and the regulations applied in cooperatives;
- ongoing legal service of companies administering common real estate;
- drawing up legal opinions and drafts of letters related to housing cooperatives.