Compensation for Unauthorised Use of Polish Property

Has a former tenant failed to move out after the lease ended, or has a neighbour been farming a strip of your land for years without any legal basis? In situations like these, Polish law gives the property owner a tool to claim payment for the period during which someone else used their property without a legal title. This guide explains what compensation for unauthorised use is, why it matters whether the possessor was in good or bad faith, and how to pursue such a claim.

This material is for general information only and does not constitute legal advice — we do not guarantee any particular outcome or the amount a court might award. Whether, and to what extent, compensation for unauthorised use is due depends on the specific facts, on whether the possessor was in good or bad faith, and on the evidence gathered. Where advice or representation is needed, the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa is an information and coordination platform, not a law firm — we help you organise the documentation for further analysis, while assessment and representation are carried out by a co-operating Polish advocate or legal counsel (radca prawny).

Key points

Compensation for unauthorised use is one of the so-called "supplementary claims" available to an owner against a possessor of property who has no legal title to it (Articles 224–225 of the Polish Civil Code, Kodeks cywilny, KC).
Whether the possessor was in good or bad faith is decisive — it determines both the scope of the claim and the point in time from which compensation is owed.
The amount of compensation is usually benchmarked against market rates — e.g. the rent that could have been obtained by letting a comparable property during the relevant period.
The claim is usually pursued together with a claim for recovery of possession (a vindication claim), although it can sometimes be pursued separately.
Documenting the facts — since when the unauthorised use has been going on, in what form, and what the market rate would be — is essential to succeeding with the claim.
The claim is subject to a limitation period, so delaying action can reduce how much compensation can still be recovered for earlier periods.

What are an owner's supplementary claims (Articles 224–225 KC)

When someone uses another person's property without a legal title — without a tenancy, lease, or any other basis — the owner is entitled not only to a claim for recovery of possession (a vindication claim), but also to so-called supplementary claims, set out in Articles 224–225 of the Polish Civil Code.

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Supplementary claims generally include:

compensation for use of the property without legal title,
recovery of proceeds (pożytki) that the possessor collected, or should have collected, from the property (e.g. rent from a sub-tenant, crops from the land),
damages for wear, deterioration, or loss of the property during the period of unauthorised possession.

These claims are supplementary to the claim for recovery of possession — they are usually pursued together in a single claim, although in some situations a claim for compensation alone may be brought, for instance where the property has already been recovered.

Good faith vs bad faith of the possessor — a key distinction

Whether the possessor of the property was in good faith or bad faith determines the scope of the claim and the point in time from which compensation for unauthorised use becomes due.

Possessor in good faith — someone who, on taking possession, had reasonable grounds to believe they were entitled to do so (e.g. a defective contract, or a mistaken belief about inheritance rights). While they remain in good faith, the owner generally cannot claim compensation or the return of proceeds from them.
Loss of good faith — from the moment the possessor learns that a claim for recovery of the property has been brought against them, their position becomes similar to that of a possessor in bad faith.
Possessor in bad faith — someone who knew, or should have known, that they had no right to the property. Against such a possessor, the owner can claim compensation for the entire period of use, the return of proceeds, and damages for any deterioration or loss of the property.

Practical tip: whether someone is deemed to have acted in good or bad faith depends on the circumstances and evidence of the case. It is worth notifying the possessor in writing, as early as possible, that they are using the property without a legal title — this can affect how their state of mind is assessed going forward.

How compensation for unauthorised use of property is calculated

Polish law does not prescribe a single rigid formula — the amount of compensation for unauthorised use is usually assessed by reference to market rates, i.e. the rent that could have been obtained had the property been let on market terms during the relevant period and in the relevant area.

Factors that typically matter when assessing the amount include:

Factor	Significance
Type of property	Flat, house, agricultural land, commercial premises — different rates apply to each type
Location	Rates differ between city and countryside, city centre and outskirts
Length of unauthorised use	Compensation is usually calculated for the whole documented period, subject to the limitation period
How the property was actually used	Whether the possessor used the whole property or only part of it

In practice, the amount of compensation is often established on the basis of a valuation report from a certified property valuer (rzeczoznawca majątkowy). The cost of such a valuation is usually borne by the party who commissions it, though it can be settled as part of the costs of proceedings. Do not assume a specific figure in advance — every case requires its own analysis and, in most cases, a valuer's assessment.

How to claim compensation — step by step

Establish when the unauthorised use began — gather documents proving title to the property (e.g. an extract from the land and mortgage register, księga wieczysta — the Polish public register of real property titles and encumbrances) and evidence of when the possessor started using the property.
Send a written demand to the possessor — requiring both the return of the property and payment of compensation for the period so far. Keep proof of postage.
Gather evidence of the market rate — rental listings for comparable properties in the area, and ideally a preliminary valuation from a property expert.
Consider obtaining an expert valuation if the matter is heading to court — this is often the decisive piece of evidence on the amount of the claim.
File a claim for recovery of the property together with a claim for payment of compensation — the case is heard by the district court (sąd rejonowy) in civil proceedings.
Present the full documentation to the court — proof of ownership, correspondence with the possessor, evidence of market rates, and the expert valuation.

Limitation period for the compensation claim

A claim for compensation for unauthorised use, like other supplementary claims, is subject to a limitation period — unlike the vindication claim for recovery of the property itself, which is not.

In practice, this means that the longer unauthorised use continues without the owner taking action, the greater the risk that part of the claim for earlier periods will become time-barred, and the moment the property is returned matters for calculating that period. It is worth documenting the start of the unauthorised use as early as possible and sending a written demand to preserve evidence for the future — limitation rules and how they are calculated can be complex, so it is advisable to consult a lawyer as soon as the problem comes to light.

Frequently asked questions

Is compensation for unauthorised use paid automatically, without a court judgment?

No — if the possessor does not agree to pay voluntarily, the claim must be pursued through the courts. A written demand alone does not create an enforceable title, but it is an important step before filing a claim.

Can I claim compensation if the possessor was in good faith?

It depends on the circumstances — as a general rule, the ability to claim compensation against a possessor in good faith is limited until they become aware that they have no legal title. Each case requires its own assessment.

Do I have to sue for recovery of the property first before I can get compensation?

Usually both claims are pursued together in a single set of proceedings, although in some situations it is possible to pursue compensation alone, for example after the property has been recovered by other means.

How far back can I claim compensation?

The claim is subject to a limitation period, so the period for which compensation can be claimed is time-limited. The exact deadline and how it is calculated needs to be confirmed by a lawyer in the specific case.

Need help with this matter?

If someone is using your property in Poland without a legal title, it is worth organising your documentation as soon as possible and establishing whether — and how much — compensation for unauthorised use you may be entitled to. Describe your situation — we'll help you organise the documentation free of charge — tell us since when the unauthorised use has been going on, what legal basis (if any) the possessor has, and what documents you already have. Submitting the form does not create any contract.