Polish Land Register Sections Explained: Divisions I–IV

You're looking at a printout from the e-KW portal or an official extract from a Polish księga wieczysta (land and mortgage register), and all you see are abbreviations: "Section I-O", "Section II", "Section IV", with some entries marked "note" or "warning" — and you have no idea whether that's cause for concern or just routine paperwork. This is a very common moment of hesitation when buying property in Poland, especially when you're reviewing documents remotely from the UK. This guide explains what you'll find in each of the four sections of a Polish land register and what to watch for before you sign anything.

This guide is general legal information, not legal advice. How the rules apply to specific entries in a land register depends on the individual circumstances of the property in question and should always be verified case by case — we cannot guarantee that the description in this article covers every possible scenario. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer or notariusz (a civil-law notary, ≠ a UK notary public). Twoja Sprawa helps you organise the documents for that assessment.

Key points

• A Polish land register has four sections — property description and associated rights, ownership, limited rights/restrictions/claims, and mortgages — each answering a different question about the legal status of the property.
• Section II shows who owns the property — the first thing to cross-check against the seller's details in the contract.
• Section IV is where the financial risk sits — this is where mortgages securing loans and other debts against the property are recorded.
• A "note" (wzmianka) is a warning sign — it means an application has been submitted to the court that could change the register's contents before you find out.
• Access to e-KW is free (ekw.ms.gov.pl) — you don't need to pay to check the basic details of a property.
• The public reliance principle (rękojmia wiary publicznej ksiąg wieczystych) protects a good-faith buyer — but it doesn't excuse you from reading the whole document carefully.

What a land register is and how to find it on e-KW

A księga wieczysta (land and mortgage register) is a public register kept by Polish district courts (land register divisions), recording the legal status of a property — who owns it, and what rights and encumbrances attach to it. Access to the content of a land register is free and available online through the ekw.ms.gov.pl portal — you just need the register number for the property, which the seller should give you before you sign a preliminary contract (umowa przedwstępna).

Every land register is made up of four sections, each answering one of four questions in turn: what the property is, who owns it, what limited rights and restrictions apply to it, and whether it carries a mortgage. The four-section structure of the land register is set out in Article 25 of the Act of 6 July 1982 on Land and Mortgage Registers and Mortgages (isap.sejm.gov.pl).

Section I-O and Section I-Sp — property description and associated rights

Section I is split into two parts:

• Section I-O (property description) — details identifying the property: location, area, land plot number, and how it is used (e.g. built-up plot, agricultural land). This is the first place to check that the property description matches what you saw on viewing and what's stated in the contract.
• Section I-Sp (list of rights attached to the ownership) — rights permanently attached to the property, for example a share in a co-owned access road.

An empty Section I-Sp usually just means there are no additional rights of this kind attached to the property — a normal situation for a typical flat or house.

Section II of the land register — who owns the property

Section II is where the owner or perpetual usufructuary (użytkownik wieczysty — a long leasehold-style right common under Polish land law) of the property is recorded, and, where there is co-ownership, all co-owners together with their respective shares. This is one of the most important checks before you buy:

• Check that the person you're negotiating with is actually listed in Section II as the owner.
• If several co-owners are listed, selling the whole property requires the consent of all of them — make sure they are all present at the notary appointment, or represented under a notarial power of attorney.
• Check the date of the entry — if the owner acquired the property recently, for example through inheritance, ask whether the probate process has been fully completed.

Section III and Section IV — restrictions, easements and mortgages

Section III covers entries that are neither ownership nor a mortgage, but still affect how the property can be used or sold:

• limited property rights — for example easements (służebności, e.g. a right of way, right of passage, or right to run utilities across a plot),
• restrictions on dealing with the property — for example arising from a bailiff's seizure or other enforcement proceedings,
• claims — for example a claim for transfer of ownership arising from an earlier preliminary contract recorded in the register.

Section IV is reserved solely for mortgages — security for loans and other debts secured against the property. A mortgage entry means the bank (or other creditor) has the right to seek satisfaction from that specific property, regardless of who currently owns it. When buying a mortgaged property, it's essential to agree with the notary how the purchase price will be used to repay the debt and have the mortgage entry removed.

An entry in Section III or IV doesn't always mean the transaction is impossible — sometimes it just needs to be planned around, for example by repaying the mortgage out of the sale price on completion day.

How to read entries, warnings and notes in a land register

When reading a land register, it's worth distinguishing three terms that are often confused:

If a note or warning appears in the register, good practice is to hold off signing the contract until the matter is clarified, or to raise it with the notary.

What to check in the land register before buying a property

Before signing a preliminary contract or paying an earnest-money deposit (zadatek), it's worth running through a simple checklist:

1. Is the seller listed in Section II as the owner — matching the details in the contract and their ID document.
2. Are there any undisclosed co-owners — if you're buying the whole property but Section II lists more than one person, you'll need consent from each of them.
3. Are there mortgages, liens or easements in Section III or IV that the seller hasn't told you about.
4. Is there a bailiff's seizure entry — a property in this position generally shouldn't be the subject of a transaction until the debtor's situation is resolved.
5. Is there a recent note or warning that could indicate an ongoing dispute affecting the property.

The public reliance principle (rękojmia wiary publicznej ksiąg wieczystych) means that a buyer acting in good faith, relying on the contents of the register, is in principle protected — even if an earlier entry turns out to have been incorrect. That said, it doesn't excuse you from reading the whole register carefully, because good faith doesn't cover a buyer who knew, or could have found out, about a discrepancy.

Frequently asked questions

Does no entries in Section III and IV mean the property is "clean"?

That's a good sign, but it's always worth checking the date the register was last updated and any pending notes — empty sections mean no disclosed encumbrances as at the date you checked, not a guarantee that no proceedings are under way.

What if Section IV shows a mortgage, but the seller says the loan has already been repaid?

Removing a mortgage entry requires a formal application to the court — simply repaying the loan doesn't remove the entry automatically. It's worth asking the notary to structure the completion so that part of the price goes directly to the bank and is used to obtain consent for the mortgage to be removed.

What's the difference between Section I-Sp and Section II?

Section I-Sp covers rights permanently attached to the property (such as a share in an access road), while Section II shows who owns the property itself. These are two different questions — one about rights "attached" to the plot, the other about the person entitled to it.

Can I check a land register myself while living in the UK?

Yes — the ekw.ms.gov.pl portal is accessible from anywhere in the world and doesn't require login for a basic look at the register's contents, as long as you know the register number.

Need help with this?

If you're reviewing a Polish land register before buying a property and want help organising the documents ahead of your notary appointment — describe your situation and we'll pass it on for further review. See also related guides:

• Land register — how to check a property before buying? (in Polish)
• Buying a flat with a mortgage on it — is it possible? (in Polish)
• Buying property in Poland, step by step (in Polish)