Dangerous entries in the land and mortgage register: what should alert a buyer

Dangerous entries in the land and mortgage register: what should alert a buyer

Checking the land and mortgage register (Księga wieczysta, KW) is one of the most important stages before buying an apartment, house, or plot in Poland. However, for most buyers, the hardest part is not simply opening the register, but understanding which entries are genuinely dangerous and which only look alarming at first glance.

The main principle here is very simple:
it is not the entry itself that is dangerous, but its consequences for the future owner.

If you need a general algorithm for checking property through KW, it is useful to first read the main guide:
Land and mortgage register in Poland: how to check property and avoid losing money

Why it is not enough for a buyer to simply open KW

Many buyers make the same mistake: they open the register, see the owner’s name, notice there is no obvious prohibition on sale, and conclude that the property is “clean.”

In practice, the main risks are often hidden:

• in Section III
• in specific wording
• in third-party rights
• in enforcement entries
• in wzmianka
• in entries whose meaning is easy to underestimate without experience

That is why it is important not only to look at the register, but to understand which entries require the transaction to be paused and which may be acceptable under a properly structured purchase.

Which entries in KW truly require special attention

There are categories of entries that almost always mean one thing:
the transaction should not be carried out without a detailed analysis of the documents, settlement structure, and legal status of the property.

1. Egzekucja komornicza

Enforcement proceedings

If there is an entry about enforcement proceedings in the register, this means that the owner has debts and the creditor has already started the recovery procedure.

For the buyer, this is a risk because:

• the property may be sold through auction
• the money from the transaction may go to the creditor
• the owner’s ability to dispose of the property may be limited
• the transaction itself may become legally complicated

This is one of the most serious warning signals.

2. Zajęcie komornicze

Property seizure

A property seizure means that a restriction has already been imposed on the property within enforcement proceedings.

For the buyer, this means that:

• disposal of the property is already restricted
• the transaction cannot proceed “in the usual way”
• there is a risk of losing control over the property
• a very precise review of the transaction terms and settlement structure will be required

If such an entry exists, it is not possible to proceed without a separate analysis.

3. Zakaz zbywania nieruchomości

Prohibition on disposal of the property

This is a direct entry stating that the owner may not freely sell, donate, or transfer the property without additional conditions, approvals, or permission from a court or another authority.

If such a prohibition appears in KW, the transaction cannot be carried out under the ordinary scheme.
For the buyer, this is always a reason to stop and determine the legal basis of the prohibition.

4. Ostrzeżenie o niezgodności stanu prawnego

Warning about inconsistency of the legal status

This is one of the most underestimated, yet very dangerous, entries.

It means that:

• the data in the register may not correspond to the actual legal status
• there is a dispute, problem, or uncertainty regarding ownership rights
• the current picture may be incomplete or temporary

For the buyer, this is a direct signal:
not everything in the register is as it seems at first glance.

5. Roszczenie o przeniesienie własności

Claim for transfer of ownership

Such an entry means that another person has asserted a right to the property.

For example, it may be connected with:

• a contract with a developer
• a preliminary agreement
• a court dispute
• another obligation owed to a third party

For the buyer, this is a risk that rights to the property may be challenged.
In the worst case, it may turn out that not only the seller is claiming rights to the apartment or house.

6. Prawo dożywocia

Lifetime residence / maintenance right

This entry is very important, but many buyers underestimate its significance.

It means that:

• a specific person has the right to live in the property until the end of their life
• this right may remain in force even after the sale
• the new owner must respect it

In other words, you may buy the property, but you may not be able to use it freely.

7. Służebność osobista mieszkania

Personal easement of residence

This entry is similar to a lifetime residence right, but it has its own legal specifics.

It gives a specific person the right to live in the apartment or house.
The new owner must take that right into account.

For the buyer, this means that:
even after the purchase, the property may in practice still be occupied by another person on legal grounds.

To better understand in which section to look for such entries and how to interpret them correctly, it is useful to separately review:
How the land and mortgage register is structured and how to read it before buying an apartment or house in Poland

8. Hipoteka przymusowa

Compulsory mortgage

This is a mortgage established not under an ordinary bank loan, but by decision of a court or a public authority.

Most often it is connected with debts:

• tax debts
• court-related debts
• administrative debts
• other public-law obligations

Such an entry almost always requires separate verification.
For the buyer, it is important to understand not only the existence of the mortgage, but also the reason for its creation and the procedure for removing it.

9. Wzmianka

Note about a submitted application

This is one of the most important points that buyers often ignore.

Wzmianka means that:

• an application to change the entry has already been filed with the court
• the legal status of the property may change soon
• the current version of the register may be temporary
• new data may appear in KW in the near future

Even if the entire register looks “clean” at first glance, the presence of a wzmianka means that it is impossible to rely only on the current picture.

Step by step, we explained where exactly to look for wzmianka and how to check the register in the EKW system in a separate guide:
How to check Księga wieczysta online and not miss a wzmianka

Which entries are not always dangerous

To avoid unnecessary anxiety, it is important to understand one thing:
not every entry in KW is a problem.

Common working situations may include:

• Hipoteka bankowa — an ordinary bank mortgage
• Służebność przesyłu — a utility easement
• Współwłasność części wspólnych — co-ownership of common parts of the building
• Prawo przejazdu / przechodu — right of passage or right of way

Such entries do not in themselves mean that the transaction is dangerous.
The key question is not the name of the entry itself, but whether it affects the possibility of safely buying the property and using it peacefully after the transaction.

When it is better to stop the transaction

The transaction should be put on hold if:

• there are enforcement proceedings or seizure
• there is a third party’s right of residence
• there is a prohibition on disposal
• there is a warning about inconsistency of legal status
• there is an unclear wzmianka
• the seller cannot clearly explain the entry
• the structure of the transaction becomes unclear
• documents appear that contradict the contents of KW

Even if the transaction is already being prepared by a notary, such entries must not be ignored. It is important to understand exactly what the notary checks and what requires separate analysis from the buyer’s side. More on this in the article:
What the notary checks and why that is not always enough

What a buyer should do if an entry raises doubts

If you see an unclear, worrying, or disputed entry in KW, it is not worth hoping that:

• “everything will be explained later”
• “the notary will solve everything”
• “it is probably just a formality”
• “if the seller is calm, then everything is fine”

A prudent buyer should:

• stop and not rush into signing
• understand the meaning of the entry
• determine its consequences for the future owner
• request supporting documents
• check whether the entry may change because of a wzmianka
• if necessary, involve a specialist before the transaction, not after it

That is exactly why KW is considered the main safety document for a property buyer in Poland. More on this here:
Why the land and mortgage register is the key to a safe purchase of an apartment or house

Conclusion

The land and mortgage register is not just a document, but a map of property risks.

A good buyer does not look for a “perfectly empty” or “perfectly clean” register.
They understand:

• which entries are acceptable
• which entries require clarification
• which entries are dangerous
• in which cases the transaction must be stopped

If you have doubts about even one entry, it is better to clarify it before the transaction, rather than solve the problem after the purchase.

How we help check dangerous entries before the transaction

If you have doubts about even one entry in KW, the specialists at OKEASK will help:

• check the land and mortgage register
• explain the meaning of each entry in simple language
• distinguish a real risk from an acceptable situation
• request the necessary documents and explanations
• assess how safe the purchase of this specific property really is
• help you prepare for the transaction without unpleasant surprises

Phone: +48 574 672 833
E-mail: [email protected]

Read also

• Land and mortgage register in Poland: how to check property and avoid losing money
• Why the land and mortgage register is the key to a safe purchase of an apartment or house
• How the land and mortgage register is structured and how to read it
• How to check Księga wieczysta online
• What the notary checks when buying property in Poland