Huge victory for Woźniak Legal as the Court of Appeal dismissed the adverse possession claim

Woźniak Legal has successfully represented the legitimate owners of the historic townhouse in Lublin at Bernardyńska 9 as the Court Appeal dismissed the adverse possession claim. This marks the end of a long and exhausting court battle to defend the ownership title of the property.
 
On 9 November 2022 the Court of Appeal in Lublin upheld the decision of the court of the I instance issued in 2021 and finally decided that the adverse possession claims towards the property at Bernardyńska 9 in Lublin should be dismissed as unfounded. The verdict of the Court of Appeal is now legally binding. This historic townhouse is a multiple occupance tenement building located in the heart of Lublin.
 
The verdict of the Court of Appeal in Lublin is an important decision on the highly controversial topic of adverse possession regarding the property. The requirements for adverse possession under Polish law are stringent and must be met before a claim can be successful. There are three most important factors: 
 

1. Uninterrupted and exclusive possession: the adverse possessor must demonstrate that their possession of the property has been continuous and uninterrupted for a specific period, which is 30 or 20 years (depending on good or bad faith); 

 

2. Open and notorious possession: the possession must be open, obvious, and without secrecy; it should be clear to any reasonable observer that the possessor is using the property without the owner’s permission and 

 

3. Adverse intent: the possession must be hostile or adverse to the interests of the true owner; this means that the possessor is using the property as if they are the owner and not with the owner’s permission. 

 
The case in Lublin involved a claim by local individuals to acquire ownership of a historical townhouse, at Bernardyńska 9 in Lublin, belonging to the heirs of the pre-war owners (currently living in America), under the rules of adverse possession. The plaintiffs argued that they (together with their predecessors) occupied the property for the uninterrupted period of 30 years and that they have been using the property as if they were the owners and not with the owner’s permission. The application made by the local individuals was very well prepared and included testimonies of witnesses who were going to confirm the possession. It provided comprehensive evidence that the possession of that townhouse met the necessary criteria. 
 
The defendants (i.e. the rightful owners currently living in America) filed for the application to be dismissed. They argued that the multi occupancy tenement building at Bernardyńska belonged to their family for many decades (even during the communist era) and - most importantly - the possession of the property did not last 30 years because part of this period cannot be regarded as owner-like possession due to the fact that the rental agreement was in place. The rental agreement indicates that there was a landlord – tenant relationship and this excludes the adverse intent.

The Court of Appeal held that the verdict of the court of  the I instance issued in 2021 was correct and the actions taken by the lower court to clarify the application for adverse possession were justified. The Court of Appeal also held that none of the arguments raised by the claimants were relevant. The property should remain in the hands of  legitimate owners.