European property law
Squatters' rights in Poland: how long zasiedzenie takes, and how an occupant is removed
Twenty years of continuous possession as if owner, if it began in good faith, and thirty years if it did not. Poland is one of the few European systems where a possessor who knew the land was not theirs can still end up owning it.
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- Statutory period
- 20 or 30 years
- What's different here
- even a bad-faith occupier can acquire after 30 years
- Statute
- Kodeks cywilny, art. 172
Article 172 of the Polish Civil Code sets two periods for acquiring land by zasiedzenie. A possessor who holds the property continuously as an autonomous possessor, that is as if they were the owner, acquires it after twenty years, unless they obtained possession in bad faith. After thirty years the possessor acquires ownership even if their possession began in bad faith. The acquisition happens by law when the period runs out, and a court then confirms it.
Squatting a home is not ownership, and it can be a criminal matter. Article 193 of the Criminal Code covers anyone who breaks into another person's house, flat or enclosed area, or refuses to leave it despite the demand of the person entitled. It is prosecuted on the victim's complaint, and in practice reports about unauthorised occupants are often discontinued as having little social harm.
An owner cannot take matters into their own hands. Since 2016, article 191 paragraph 1a of the Criminal Code has made it an offence, punishable by up to three years in prison, to persistently or substantially hinder another person's use of the dwelling they occupy, which covers cutting off electricity, water or gas and changing the locks, even against an occupant with no legal title. Removal goes through a court eviction order and a bailiff.
Where Poland sits against the rest of Europe, in years
Of 31 places in Europe on these pages, 23 have a shorter clock and 4 a longer one or none at all.
How it unfolds
From the day someone moves in to the day a claim is possible
The same three stages in most places. The exact rule, and whether the last stage exists at all, is on each place's own page.
- Day oneMoving inCaught in the act, it is usually a matter for the police: a trespass, not a tenancy.
- Weeks to yearsSettled inOnce someone lives there, removing them usually takes a court order, the same route as for a tenant.
- After 20 or 30 yearsA claim becomes possibleOnly if every test held, without a break, for the whole period. Where the law allows no such claim, this stage never comes.
Not yours to do, once they have moved inChanging the locks, cutting the water or power, or removing belongings yourself. It is illegal in every US state and most places on these pages forbid it too. Each page says how removal works there.
Before it is ever a court case
The record a court asks for, kept as you go
Wherever your property stands, removing an occupant usually comes down to showing who had the right to be there, and since when. Dardaris files every lease, message and document for a building by date, so that record already exists on the day you need it.
- Every lease, with who signed it and when
- Every message with a tenant, on the thread it was sent in
- Every document, filed against the building it concerns
Frequently asked questions
How long does adverse possession take in Poland?
Twenty years of continuous autonomous possession if it began in good faith, and thirty years if it began in bad faith. Kodeks cywilny, art. 172.
Can a squatter who knew the property was not theirs acquire it in Poland?
Yes, in principle. After thirty years of continuous possession as if owner, art. 172 paragraph 2 lets a possessor acquire ownership even if possession was obtained in bad faith. A court proceeding then confirms the zasiedzenie.
Is squatting a crime in Poland?
Breaking into another person's home or enclosed area, or refusing to leave when the person entitled demands it, is an offence under art. 193 of the Criminal Code, prosecuted on the victim's complaint.
Can I cut the utilities or change the locks on an occupant in Poland?
No. Art. 191 paragraph 1a of the Criminal Code makes it an offence to substantially hinder someone's use of the dwelling they occupy, including by cutting electricity, water or gas or changing locks, even where the occupant has no title. The lawful route is a court eviction enforced by a bailiff.
Elsewhere in Europe
The same question, on a different clock. Every place sets its own period and its own shortcuts.
This is general information, not legal advice.Laws change, and a county or a city can add its own wrinkle on top of the state rule, the way New York City does. Confirm the current rule for your address before acting on it, and talk to a local attorney before relying on any of it in a real dispute.
Know who is actually in your property, before it becomes a court case.
Hand over one building and see every lease checked against what is actually happening on the ground.
14 days before the first charge · Nothing is switched on until you say so