Adverse Possession of Real Estate

GJW Gramza i Wspólnicy provides legal assistance in court proceedings concerning adverse possession of real estate, both for individuals and entities seeking a declaration of adverse possession and for owners defending their legal title to the property. Cases concerning a declaration of adverse possession require a precise determination of the facts over a long-term period and careful preparation of the evidentiary material, as the outcome depends on proving, or challenging, autonomous possession, continuity of possession, and the expiry of the statutory period.

In practice, adverse possession cases concern not only the acquisition of ownership of real estate, but also property boundaries, access roads, use of part of a plot, fences, transmission infrastructure, buildings, and investments made by the possessor. We handle cases involving land, developed properties, premises, as well as adverse possession of shares, to the extent permitted by law and established case law.

Comprehensive legal support in adverse possession cases

Evidentiary disputes

In adverse possession cases, it is particularly important to demonstrate how control over the property was exercised in practice: who decided how the property was used, who bore its burdens, who invested in it, and how the possessor acted towards third parties and public authorities. For that reason, we place emphasis on ensuring that the evidence is not merely descriptive, but reconstructs the sequence of events: from taking possession of the property, through the manner of its use, to conduct indicating the exercise of ownership rights.

Our approach

We build litigation strategy on the basis of risk analysis: we identify weak points, including continuity of possession, the nature of possession, potential interruptions, family relationships, and dependent titles, and organise the evidence so that the court receives a coherent picture of possession over the required period. We support clients at all levels of proceedings, representing them before district courts, regional courts, and the Supreme Court. Our objective is to obtain a decision which not only formally confirms, or excludes, adverse possession, but also enables the safe regularisation of the legal status of the property.

GJW Law Firm ensures the involvement of experienced advocates and legal advisers in adverse possession cases, offering comprehensive support both at the pre-litigation stage and during court proceedings. We provide services throughout Poland and also offer online consultations.