It's not easy to claim property within a family home. Mere cohabitation is not enough
Translated from Polish, summarized and contextualized by DistantNews.
At a glance
- Acquiring property ownership through long-term possession (zasiedzenie) is complex, even within families.
- The Supreme Court ruled that simply residing in a property loaned by relatives is insufficient for ownership claims.
- This ruling clarifies the legal requirements for establishing ownership through possession.
The path to legally acquiring property through long-term possession, known as 'zasiedzenie' in Polish law, is not straightforward, particularly when family members are involved. A recent ruling by the Supreme Court of Poland has underscored this complexity.
The court determined that merely residing in a property that has been loaned or granted for use by family members is not enough to establish a claim for ownership. This decision clarifies that passive cohabitation or use, without the clear intention and manifestation of acting as an owner, does not meet the legal threshold for 'zasiedzenie'.
This ruling is significant for property law in Poland, emphasizing the need for demonstrable intent and actions consistent with ownership, rather than just prolonged physical presence, especially in familial contexts. It aims to prevent disputes arising from misunderstandings about property use within families.
Originally published by Rzeczpospolita in Polish. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.