The Office of the Legal Advisor Joanna Szanser-Smagacz uses the wide knowledge and experience in regulating the legal status of real properties, including i.a. conducting judicial proceedings aiming to recover rights to real properties expropriated by state in the form of a decision of administrative bodies or as a result of a defect in a declaration of will.

The state of defectiveness of a decision which causes loss or limitation of a right of ownership of the real property (including expropriating and nationalizing decisions) gives to the previous owners of real properties and its legal successors the possibility to apply with the application for elimination the decision from the legal transactions, redressing the results of defective administrative decisions, or obtaining the compensation.

Within the scope of ownership issues the Legal Office conducts following proceedings:

on recovering expropriated real properties, acquired on the following basis:

  • decree of 26th April 1949 on acquiring and transfer of real properties necessary for the realization of national economical plans,
  • act of 12th March 1958 r. on the rules and procedure of expropriation of real properties,
  • act of 29th April 1985 on lands administration and real properties expropriation,

on return of nationalised estates, acquired on the following basis:

  • decree of 2nd March 1945 on the abandoned estates,
  • decree of 8th March 1946 on the abandoned and post-German estates,
  • act of 3rd January 1946 on acquiring by the state fundamental branches of national economy,
  • act of 8th January 1951 on acquiring pharmacies for the state ownership,
  • act of 25th February 1958 on regulating legal status of the assets under the state supervision
on return of agricultural-landed estates and small enterprises acquired subject to the following provisions:
  • decree of 6th September 1944 on agricultural reform,
  • decree of 28th November 1945 on acquiring certain land estates for the purposes of agricultural reform and settlement,

on return of buildings including the proceedings on the return of acquired mansions, residential and non-residential premises,

on return of real properties acquired according to the realization of public investments construction Works and development of roads, energetic network, telecommunication, water and sewage installations in cases indicated in the provisions.

Before conducting the proceedings the Legal Office thoroughly analysis the case of loss of the real property, and checks the effective possibility to regain the real property acting with the extreme diligence in order to secure for Clients of the Legal Office best alternative.

The Legal Office on constant basis cooperates with court curators for absent persons or persons of the unknown permanent address, thanks to this the Legal Office offers to its Clients the support in:

  • searching for ancestors, descendants, heirs, lost persons,
  • in establishing last known owners of the real property, and finding owners of real properties and their heirs of the unknown permanent address,
  • in completing necessary to gain status of the heir documentation: birth certificates, marriage certificates, death certificate, adoption documents, immigration documents,
  • documents evidencing polish citizenship and polish citizenship of ancestors,
  • documents regarding the state of estates.