Land and Mortgage Register – the most important real estate document
Are you planning to buy real estate? Do you dream of your own apartment? A unique opportunity came to buy a flat in your dream neighborhood? So where do you start making your dreams come true? The first thing to look out for when buying a property is a thorough check of the land and mortgage register, the most important document assigned to the property.
What does the land and mortgage register contain?
Where to find it and what to keep in mind when checking its content? “The main purpose of keeping the land and mortgage register is to determine the legal status of a given property. Regardless of whether it is land, recreational plot, construction plot or apartment – before buying a property you should carefully check the provisions of this document. Importantly, it is important both for the purchase and sale of real estate. Thanks to it, the buyer can check, among others who owns the property, whether it is not indebted, or someone else does not claim the rights to the property being purchased, ”emphasizes Michał Krajkowski, expert of Jenny financial advisors.
How to read the land and mortgage register?
For people who are planning to buy real estate, the land and mortgage register is a must read. It is a very transparent register and it is easy to “get through” a copy of a land and mortgage register. The document is divided into four sections, each of which deals with different aspects. The first part contains all information regarding the property, i.e. property description, type, location, size and share in the common property. What may interest people planning to buy real estate is the issue of rights that the landowner is entitled to, e.g. whether he can use the car park, playground and access roads.
The second section describes information about the owner or user of a given property. Potential buyers will find here the data of a person with the right to use the land and if we have more than one owner, how the shares of each of them are distributed. This is very important, especially when the property has several owners, and not everyone has agreed to sell it.
The third section contains information about limited rights and claims on the property. Importantly, you won’t find information about mortgages here. In this part, people interested in buying real estate will find out, for example, whether there are people who have the right to cross a given plot. It is also here that information about possible executions of a given property or bailiff’s entries is provided. In addition, if the preliminary contract was signed in the form of a notarial deed, it is in Section III that we can find information on this topic.
The last section contains information on mortgages. This is a very important point when it comes to buying real estate. If the seller has a loan to buy this property, this is where we will find information about this liability.
Does each property have a land and mortgage register?
When purchasing a flat or a plot of land, a new land and mortgage register is established for the new property, and the District Court, responsible for the location, keeps the Land and Mortgage Registers. Therefore, each property must have a land and mortgage register, and the seller should know its number. If we do not know the correct number, we can determine it in court based on the application number or notarial deed.
– “On the market, however, we can find flats for which no land and mortgage registers have been established. This will be the case with some cooperative ownership rights to the premises. Therefore, if we want to buy such an apartment, we can face the situation of the lack of a Book. However, this will not be an obstacle to buying or obtaining financing at the bank. In this case, before starting the loan you must submit an application for the land and mortgage register. Let’s remember that we don’t have to wait to set up a KW, often an application is enough to complete a transaction and obtain a loan. It is important, however, for the legal status of the land to be regulated, because only in such a situation the Court will establish a Land and Mortgage Register for the cooperative ownership right to the premises, ”explains Michał Krajkowski from Jenny, financial advisors.
How to get access to the land and mortgage register?
Persons interested in buying a given property can get access to the land and mortgage register by submitting an appropriate document in court. Currently, it is also possible to get acquainted with it via the Internet, because all documents also have an electronic version. All you need to do is know the exact number of the Land and Mortgage Register and use the internet platform to get to your specific land and mortgage register without leaving your home.
Regular or complete copy?
There are two types of copies of the Land and Mortgage Register. The ordinary copy contains only current information about the property, while the complete copy includes the entire history of the property. So we can check who was the owner before, whether there were mortgages or other restrictions on the use of the property.