Zasiedzenie nieruchomości przez gminę w świetle orzecznictwa Sądu Najwyższego – wybrane problemy
Acquisitive prescription of real estate by a municipality in the light of the case law of the supreme court – selected problems

Summary/Abstract: According to Polish law, a municipality is one of the subjects legitimized to obtain the right to property through long possession. This solution is rooted in the political transformation that started in 1989, the implementation of the idea of self-government and the communalization of national property. In 1990 municipalities obtained legal personality and were granted their own competences, separate from government administration. The legal personality of municipalities provides a base for acting on their own behalf in the relationships of civil law. However, a municipality cannot function without appropriate resources, in particular without municipal property. Art. 172 of the Polish Civil Code provides that in order to acquire the right to ownership of property, it is necessary to meet following conditions - spontaneous and uninterrupted possession by a specified period of time. As the Civil Code does not provide any restrictions concerning the acquisition of property by municipalities, it may be considered that it can happen by acquisitive prescription as well. However, the issue brings a lot of questions that are worth discussing. It is reflected in the contradictions prevailing in the decisions of the Supreme Court, which relate primarily to the possibility of the acquisitive prescription of real property owned by municipality in terms of the empire. Another important issues concern recovery attempts undertaken by the heirs of lands left by the so-called late resettles. The current situation allows to predict that the amount of claims for compensation or restitution of real estates addressed against municipalities will remain high or will even increase. As long as the ownership issues remain unregulated, the acquisitive prescription will fulfill its economic function, albeit in a different dimension than before.

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