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Public faith of land registers: meaning in a Polish mortgage

In Polish: Rękojmia wiary publicznej ksiąg wieczystych
This is the word you will see in bank documents.

Definition

The public faith of land registers (rękojmia wiary publicznej ksiąg wieczystych) is the principle that the content of the register prevails in favour of a person who, in good faith, acquired a right from the owner entered in the register, even if the entry does not match the actual legal status. It comes from Article 5 of the Polish Act on land registers and mortgages. It does not protect acquisition free of charge or a person who knew, or could easily have found out, about the discrepancy.

What it means for you

Thanks to this principle you can buy a flat with a mortgage relying on what is in the register, and the bank can rely on the same when entering its mortgage. Protection disappears when the register contains a notice of an application or a warning, so such entries must be clarified before paying a deposit. It does not replace reading the register, because you cannot claim ignorance of its entries.

Full entry in Polish, with a worked example and sources

Frequently asked questions

What is the public faith of land registers?

A rule in Article 5 of the Act on land registers and mortgages: when the register differs from the legal status, it prevails in favour of a person who, in good faith, bought a right from the owner entered in the register.

Does it protect a gift?

No. It does not apply to acquisition free of charge, e.g. a gift, or to acquisition in bad faith.

Does a notice in the register exclude this protection?

Yes. It does not apply against a notice of an application or a warning entered in the register. That is why every notice must be clarified before paying a deposit.

Definitions are simplified and reflect Polish law and bank practice as of October 2026. Where every word matters, the Act and your loan agreement decide. Figures in examples are indicative and are not a bank offer. The Polish version of each entry has worked examples and sources.