Recovering property lost by adverse possession in Poland

Recovering property lost through adverse possession in Poland is highly challenging due to the legal certainty provided to the adverse possessor once statutory requirements are met. Polish law, specifically Articles 172–176 of the Civil Code, allows a person to acquire ownership of real estate after uninterrupted, autonomous possession for 20 years (good faith) or 30 years (bad faith). Once adverse possession is confirmed by court, the previous owner’s rights are generally extinguished, and Polish law does not provide compensation or indemnification for the former owner.
 
The difficulties in recovering property lost through adverse possession are particularly acute for individuals and families who left Poland after 1945, often due to war, border changes, or political persecution. Many of these properties were left unattended, making them especially vulnerable to occupation by others who could later claim adverse possession.
 
Several factors contribute to the challenge:
 

1. Long absence and lack of control: Owners who emigrated had little or no ability to monitor, manage, or assert their rights over their properties for decades, making it easy for others to occupy and eventually claim ownership through adverse possession.
2. Legal finality: Once adverse possession is recognized by the courts, the original owner's title is extinguished, and only limited claims remain.
3. Documentation and evidence: Reclaiming property requires extensive documentation to prove ownership and counter adverse possession claims. For families abroad, gathering such evidence is often difficult or impossible, especially when records were lost or destroyed during and after the war.
4. No comprehensive restitution law: Poland lacks a single, comprehensive law addressing restitution for property nationalized or seized during the communist era. Restitution is handled piecemeal through administrative and judicial proceedings, with many cases blocked by the fact that property has since passed to new owners through adverse possession or other legal mechanisms.

 
However, there are legal strategies and exceptions that may allow for recovery of the ownership title in specific circumstances. If there were serious errors during the adverse possession proceedings before the Polish court such as lack of proper representation, the heirs of the former owner may file a petition to reopen the court proceedings.
 
If the adverse possession judgment was issued following serious procedural errors - such as lack of proper representation of the original owner or their heirs - the affected parties may file a petition to reopen the proceedings. Under Article 401(2) of the Polish Code of Civil Procedure, reopening is possible if a party was deprived of the opportunity to take action due to a breach of law, including lack of representation. This is especially relevant in cases where heirs were not notified, were improperly represented, or were otherwise unable to participate in the proceedings.
 
The petition to reopen must be filed within three months from the date the party becomes aware of the grounds for reopening, Crucially, there is no overarching time limit that would prevent reopening a case simply because the original judgment was issued many decades ago. The decisive factor is when the party discovered the new evidence or ground for reopening. This means that even judgments from the 1950s or 1960s can potentially be challenged if new grounds are uncovered today.
 
Steps for potential claimants:
 
Document research: Begin by gathering all available family records, property documents, and evidence that may support your claim. This foundational step is critical for establishing both ownership and the grounds for reopening.
 
Legal analysis: Each case requires a tailored legal strategy, often involving expert analysis of historical property law, administrative decisions, and the circumstances which led to the loss of ownership.
 
Filing the petition: Once new evidence or grounds are discovered, act promptly to file the petition within three months of discovery. Delays beyond this period can result in the petition being rejected.
 
Navigating the courts: Be prepared for a potentially lengthy and complex court process, as reopening cases - especially those involving property restitution - are rare and subject to rigorous judicial scrutiny.
 
Conclusion
 
While reopening old civil cases in Poland is procedurally challenging, the law allows for petitions to be filed within three months of discovering new grounds, regardless of how long ago the original judgment was issued. This legal framework provides a real, albeit demanding, opportunity for heirs and former owners to seek the recovery of property lost during the communist era or earlier, provided they can present compelling new evidence or legal arguments.
 
Woźniak Legal possesses the expertise and experience necessary to effectively assist you. Our lawyers can assist you in drafting and filing the petition to reopen the case and effectively support you in handling your case.
Please contact us on office@woznialegal.com.
You can also email me directly on grzegorz.wozniak@wozniaklegal.com