PPE 2/2026
Pojęcie stanu nieruchomości w postępowaniach sądowych i egzekucyjnych – część I
Andrzej Antkiewicz
sędzia Sądu Rejonowego w Grudziądzu
Dominik Bednarski
sędzia Sądu Rejonowego w Grudziądzu delegowany do Sądu Okręgowego w Toruniu
ABSTRACT
The Concept of the Condition of Real Property in Judicial and Enforcement Proceedings – Part I
Andrzej Antkiewicz, judge of the District Court in Grudziądz
Dominik Bednarski, judge of the District Court in Grudziądz delegated to the Regional Court in Toruń
This study analyzes the concept of the condition of real property as defined in the Act of 21 August 1997 on Real Property Management in the context of civil judicial and enforcement proceedings and attempts to answer the question of how such condition is defined and perceived within particular types of proceedings, as well as whether the definition contained in the aforementioned Act is of a universal nature and applicable to those proceedings. The perception of the condition of real property in judicial and enforcement matters presents practical difficulties for property valuers preparing expert opinions for the purposes of various court proceedings, for court bailiffs, and even for judges and professional legal representatives. Hence, an attempt has been made to systematize the issue and provide a clear answer as to what precisely (i.e. which characteristics) are encompassed by the condition of real property in particular judicial proceedings, especially whether it includes planning-related determinations, as well as the date as of which the condition of the property should be assessed in individual proceedings and according to which prices the value of the property should be determined. Part I discusses inheritance matters, the diversity
of which requires a detailed and individualized approach. Part II examines the perception of the condition of real property in other judicial and enforcement proceedings. Taken as a whole, the study is intended to provide a clearer understanding of the issue and, in practice, contribute to a more consistent application of the relevant legal provisions by courts, court bailiffs, and experts performing property valuation activities at their request.
Keywords: condition of real property, legal status, factual condition of real property, technical and functional condition, designated use of real property, characteristics of the condition of real property, real property valuation, value of real property, inheritance matters, division of inheritance, declaration of acquisition of inheritance, inclusion of gifts in the inheritance share, inventory of the estate, co-ownership of inherited property, vindicatory legacy, reserved portion, inventory list, estate assets, will