Supreme Court rules on adverse possession of family-loaned property

The Polish Supreme Court has issued a ruling addressing the complex issue of acquiring property through adverse possession, particularly when the property was initially loaned by family members. The case involved a man who sought to claim ownership of a property he had been living in, which was initially provided to him by relatives.

Lower courts had denied his claim. However, the man argued that the burden of proof should lie with the co-owners who opposed his claim, citing a presumption of independent possession. He contended that the co-owners' inaction for decades implied their tacit consent to his independent possession.

The Supreme Court disagreed. It upheld the lower courts' findings, stating that the claimant had used the property under a loan agreement, classifying him as a dependent possessor. The court emphasized that a transition from dependent to independent possession requires overt actions demonstrating a claim of ownership. Simply residing in the property with the owner's tolerance, especially when the owner is a family member, is insufficient to establish independent possession required for adverse possession.