Notary fees – collection of fee for entry in the land register
The firm represented one of the Poznan notaries of the defendant for reimbursement of the notary’s fee charged for filing an application for registration of ownership in the land register when the notarial deed was prepared.
The charging of such fees is a common practice, so the allowance of such a lawsuit by the court would open the way for massive claims from clients of the notary’s office. The court of first instance in today’s judgment shared the law firm’s position and dismissed the claim, arguing that such fees are justified
and are supported by the provisions of the Notary Law. The court of second instance dismissed the plaintiff’s appeal, meanwhile the Supreme Court on March 8, 2013 adopted a resolution in the case of III CZP 5/13 confirming the validity of the defendant’s position.