DZP | Reprivatisation

The absence of an act containing detailed regulations on the return of property taken over by the state after World War II or payment of compensation in this respect, and also the lack of any real perspective of such regulations being enacted means that there continue to be doubts as to the legal status of a great deal of real property in Poland. These doubts frequently lead to disputes between former and current real estate owners (users). At Domański Zakrzewski Palinka we have developed a reprivatisation specialisation within which we provide legal advice on all aspects of this problem.

We deal on a daily basis with all types of real estate reprivatisation matters, advising particularly on matters relating to:

• agricultural reform,
• nationalisation of forests,
• abandoned property,
• state control (temporary),
• nationalisation of industry,
• land in Warsaw,
• property beyond the Bug River,
• church land,
• reactivation of pre-war companies in which rights to real estate were vested,
• expropriation,

and on any other matters relating to real estate taken over by the state after World War II irrespective of whether there was any legal basis for the take-over or the type of legal basis.

We gained our extensive and unique experience in reprivatisation matters through many years of providing comprehensive legal advice to both former and current owners (users) of real estate affected by broadly understood nationalisation processes. Advising both groups of owners (users) has enabled us to look at these matters from a wider perspective and to better assess the possible ways in which a situation will develop and to judge how opponents will behave in specific cases. By gaining an understanding of the different attitudes to reprivatisation problems of former and current real estate owners (users) we have also created different models for rendering legal advice to these two client groups.

We also attach a great deal of importance to the issue of comprehensive regulation of both legal and actual relations concerning real estate reprivatisation, which is reflected in DZP's broad experience in resolving problems (and running court cases) related to possession of real estate and settlements made between real estate owners and users (holders).

Our strength in reprivatisation experience is demonstrated by our involvement in a range of complex cases of a precedential nature, in many instances involving well-known and highly attractive real estate.

When advising on reprivatisation problems we make full use of DZP's capabilities as a leading Polish law firm with an international range. Thus we are able to offer our clients high-quality legal services within the framework of each of our 35 specialisations.

Please find below details of our reprivatisation offer addressed to both former owners of nationalised real estate and their legal successors, and also current real estate owners (users).