Checking the księga wieczysta (land and mortgage register)

Before you sign a property contract in Poland, checking the księga wieczysta—the land and mortgage register—is one of the most important steps you can take. This official public register, maintained by district courts, reveals the true legal status of any property: who really owns it, what mortgages are attached, and whether other people have claims against it. Reading it online is free and takes only minutes.

What Is the Księga Wieczysta?

The księga wieczysta (KW) is a public register that determines the complete legal status of a property. Each building, land plot, or apartment in Poland has its own unique KW entry, identified by a KW number. The register is divided into four sections, or "działy," each containing different types of information about the property.

Poland's Ministry of Justice has made the register freely available online since 2010 through an electronic system called EKW (Elektroniczne Księgi Wieczyste). You don't need to visit a court building or pay any fee to view basic information—only a KW number is required.

Where to Search and What You Need

The official portal for searching the register is ekw.ms.gov.pl, the website of the Ministry of Justice. When you access it, you will find a simple interface where you can enter a KW number to view the full contents of any property's register. The browsing itself costs nothing.

Finding the KW Number

The seller should provide you with the KW number before you sign anything. It will typically appear in the preliminary purchase agreement (umowa przedwstępna), the property listing, or other seller documentation. A complete KW number has three parts: a court code (e.g., WA1M), a record number (a string of digits), and a check digit.

If the seller cannot immediately provide the number, do not proceed—asking for it is your right. If you know the address and plot number, some third-party search tools claim to help you locate it, though the official system does not offer a free address-to-KW lookup for properties you do not own.

Understanding the Four Sections

The register is divided into four sections. While all are important, Section III and Section IV require the most careful attention because they reveal potential problems.

Section I: Property Description and Associated Rights

Section I contains the basic factual information about the property: its address, plot number, area in square metres, and the type of property (e.g., apartment, house, land, garage). It also lists any property rights that are permanently attached to ownership, such as the right to access a shared stairwell or to use common areas. For most residential buyers, this section is straightforward.

Section II: Ownership and Perpetual Usufruct

Section II shows who legally owns the property. It will list the current owner or owners (właściciel) and their names and identification numbers—usually PESEL for individuals (the Polish personal identification number) or KRS number for companies (National Court Register). If there are multiple owners, all must be listed. This is where you verify that the person selling you the property is actually the registered owner.

Section II may also show "użytkownik wieczysty" (perpetual usufructuary)—a holder of perpetual usufruct, an old form of long-term occupation right still common on Polish cooperative land. If the property is held under perpetual usufruct rather than outright ownership, the terms and any conversion process will be relevant to your purchase.

Section III: Claims, Rights, and Restrictions

Section III lists all limited rights and claims affecting the property that are not mortgages. This section often contains the most important red flags. Here you will find entries for easements (służebności), such as a neighbour's right to walk across your land to reach their property, or a right of way for utilities. You may also see entries for lifetime occupation rights (prawo dożywocia) awarded to former owners or family members, prohibitions on sale, or warnings about legal disputes.

For a buyer, the key question is whether anyone else has a legal right to use, occupy, or make claims against the property. Some easements are normal and harmless (such as utility company access), while others—such as a living ex-spouse's right to occupy the property—can be a serious problem.

Section IV: Mortgages

Section IV discloses all mortgages (hipoteki) registered against the property. A mortgage is a claim held by a bank or other lender as security for a loan. The entry will show the lender's name, the amount of the debt, and sometimes the purpose of the loan (e.g., home purchase, home improvement, or business credit). If the owner has a mortgage, the lender has a legal claim on the property until the debt is fully paid and the mortgage is removed.

The presence of a mortgage does not mean you cannot buy the property. However, you must ensure that the seller arranges for the mortgage to be discharged (wykreślona) at the time of sale, typically from the purchase proceeds. Your notary and bank will coordinate this in the closing process, but you should understand upfront that any funds from the sale must first satisfy existing mortgages before the seller receives their net proceeds.

Matching the Seller to the Owner

One of the first and most critical steps is to confirm that the person selling you the property is actually listed as the owner in Section II. Compare the name and identification number on the real estate listing or preliminary agreement with the KW entry. Never rely on the listing description alone—the official register is what counts in law.

If there are multiple owners listed, ensure that all owners are party to the sale and that all are signing the final contract. If an owner is absent from the transaction but still listed in the register, the sale cannot be completed. This is a common source of disputes, so verify it early.

Checking for Pending Applications (Wzmianki)

At the bottom of the online register display, you will sometimes see a note called "wzmianka"—an indication that an application or request has been filed with the court but not yet processed. This means the register contents are about to change. For example, a wzmianka might indicate that a mortgage discharge request is pending, a new owner is being registered, or a court action has been initiated.

If a wzmianka exists, the information shown in the register may not reflect the final legal status. Before you commit to a purchase, ask the seller and their notary what the pending application concerns and when it is expected to be resolved. Ignoring a wzmianka is one of the most common and costly mistakes buyers make.

For New Buildings and Developer Properties

When buying a new apartment or house from a developer, the analysis is slightly different. The property may not yet have its own separate KW entry because the building is still under construction or has not been officially completed and subdivided.

In this case, you should check the developer's land plot entry in the register to verify that the developer owns the land. You should also confirm that the developer has set up a residential escrow account (rachunek powierniczy) in accordance with Polish developer protection law. The escrow account—held at a bank, not with the developer directly—ensures that your construction payments are held safely and released only as building stages are completed. Ask the developer or notary for proof of the escrow account bank details, and verify the account exists.

After construction is complete and you receive title, a new KW will be created for your unit. At that point, you must perform the same KW review as with any secondhand purchase to ensure your ownership is properly recorded and free of any unexpected liens or claims.

What to Do If You Find a Problem

If you discover a mortgage, easement, or other claim in the register that concerns you, do not assume the deal is impossible. Instead, discuss the issue with the seller and ask how it will be resolved. Many encumbrances can be discharged, removed, or clarified before closing.

• For a mortgage, confirm in writing that it will be paid off and discharged at the time of sale from the purchase price.
• For an easement or service right, obtain written confirmation from the holder (e.g., the utility company) that it is in force or whether it has expired.
• For a prohibition on sale or other restriction, consult a Polish lawyer to understand its scope and whether it affects your intended use of the property.
• For a legal dispute or court action warning, ask the seller to provide documentation and clarify the status—this may require a lawyer's review.

If the seller cannot or will not resolve the issue, or if the problem is serious (such as someone else having a lifetime occupation right), you have the right to walk away from the deal or to renegotiate the purchase price to reflect the encumbrance.

Copies and Official Extracts

Viewing the register online is free, but if you need an official paper copy for a bank, lawyer, or government office, you can request an extract (wypis). A standard extract costs about 20 Polish zloty and shows only current entries. A comprehensive extract (odpis zupełny) costs more but includes the full history—all past owners, discharged mortgages, and removed entries. For a secondhand purchase, a comprehensive extract can be valuable for understanding the property's complete history.

Using the Register in Your Favour

Polish law includes a principle called "faith in the register" (wiara publiczna ksiąg wieczystych). This means that if you buy a property in good faith, relying on the register, and the register says the seller owns it and is free of a particular encumbrance, the law protects you even if that information turns out later to be wrong. However, this protection only applies if you did not know or could not easily have discovered the problem at the time of purchase—and only if the encumbrance was not listed in the register when you bought.

This protection is one reason why checking the register before you sign is so critical. By reviewing it carefully and asking about any concerns before closing, you demonstrate that you exercised due diligence. If a hidden problem emerges later, you will be in a stronger position to claim protection under the law.