Summary:

The 2013 amendment to the Land and Mortgage Registers and Mortgage Act takes into account the standpoint of the Constitutional Tribunal regarding the division of a mortgaged property. The regulations of the act which were in effect before its amendment with respect to the removal, by way of division, of the shared ownership of a real estate property which had been mortgaged, were in violation of the Constitution of the Republic of Poland, because the mortgage encumbered fractions of all the newly demarcated land properties.
The document presents the issues associated with the legal aspects of the procedure of separating a new unmortgaged real estate property, created as a result of the division of a previously existing entry in the mortgage register with legally valid encumbrance.