Swapped tenements – favorable decision by WINGiK
On behalf of more than a dozen owners of separate premises of one of the tenement houses, the law firm is conducting activities aimed at eliminating inconsistencies in the legal and factual status with the state disclosed in the land and building registry concerning the property.
The case concerns the erroneous assignment of address data to two properties in Poznan, as a result of which the data disclosed in the land and building register and the land and mortgage registers does not correspond to the actual state – after several years it turned out that two large tenement houses in the center of Poznan are disclosed in different books than their owners. The Firm has applied to the Mayor of Poznań to change the registration data on the land and mortgage registers kept for both properties.
The mayor of Poznań issued a decision refusing to make changes to the registration data, and the Wielkopolska Regional Inspector of Geodetic and Cartographic Supervision upheld the appealed decision. The verdict of the Provincial Administrative Court in Poznań, which upheld the complaint filed by Przybecki’s attorney and overturned the decision of the Wielkopolska Regional Inspector of Geodetic and Cartographic Supervision, proved to be a breakthrough.
The authority, reviewing the case again, after considering the appeal filed by the firm, revoked
the appealed decision of the Mayor of Poznań in its entirety and referred the case for reconsideration to the authority of first instance. In its justification, the Wielkopolska Regional Inspector of Geodetic and Cartographic Supervision shared the law firm’s argumentation and admitted that in preparing the list of land changes in 1971. there was an erroneous assignment of address data to the plots of land in question, and furthermore, an inspection of the property confirmed that the data disclosed in the land and building registry and the land and mortgage registers did not correspond to the actual state of affairs.
As a result of the above decision, the Mayor of the City of Poznań will reconsider the law firm’s request to eliminate errors that arose as a result of an earlier action by the authority keeping the land and building register. A parallel proceeding to agree the contents of the land and mortgage register with the actual legal status is pending before the district court.