Odrębna własność lokali - zagadnienia sporne
Separate ownership of premises - contentious issues

Summary/Abstract: In the case of separate ownership of residential dwellings, all parts of the house which are not exclusively used by the owners of the individual dwellings, as well as the land on which the house has been erected, are jointly owned by the owners of the dwellings (Article 136(1) of the Civil Code). As indicated by the regulation of Article 137(2)(2) of the Civil Code, it is a joint ownership in fractional parts, comprising a right connected to the ownership of the premises (Article 136(2) sentence 1 of the Civil Code). This joint ownership - in light of the wording of Article 136(2), sentence 2 of the Civil Code - is referred to as forced joint ownership. An analysis of the aforementioned provisions allows the conclusion that the existence of a shared property is a necessary prerequisite for the separate ownership of premises.

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