A lease with purchase option (najem z opcją zakupu) is a two-stage commitment. The lease stage creates ongoing obligations; the option stage converts them into a title transfer. Before signing, the document must be read against the register — not after.
The collateral question is this: does the asset the option promises actually correspond to what the register records, and is that asset already encumbered in a way that survives the transfer? This checklist identifies the verification steps, the sources that answer each one, and the point at which the sources stop answering.
- What the land register shows
- Current owner, mortgage entries, easements, and any annotations. Source: Elektroniczne Księgi Wieczyste (EKW), Ministerstwo Sprawiedliwości · verified 2026-06-02
- What the KRS shows
- If the lessor is a legal entity: registered seat, share capital, representation rules, and any pending dissolution or bankruptcy proceedings. Source: Krajowy Rejestr Sądowy (KRS) · verified 2026-06-02
- Access condition — EKW
- A land register number (numer księgi wieczystej) is required. Without it, the search cannot be initiated. The lessor must supply this number; it is not derivable from an address alone.
- Access condition — KRS
- The entity's NIP or KRS number is needed for a precise result. A name search returns results but may not be unique.
Step 1 — Confirm the land register entry matches the document
The option agreement describes a property. The land register records a property. These two descriptions must be checked against each other character by character. Discrepancies in plot numbers, area figures, or building identifiers are common. A discrepancy does not invalidate the agreement, but it creates ambiguity about which asset the option covers.
The register entry (odpis z księgi wieczystej) shows four divisions. Division I records the property description and any associated rights. Division II records ownership. Division III records encumbrances other than mortgages — easements, usufruct, pre-emption rights, and annotations of pending claims. Division IV records mortgages, their amounts, currencies, and the creditor's identity.
Each division must be read before signing. A pre-emption right in Division III can defeat the option entirely: the pre-emption holder may step in at the agreed price. An annotation (wzmianka) in any division signals that a change is in process but not yet entered — the current printout may not reflect the final state.
Step 2 — Read Division II for ownership and any co-ownership
Division II names the current owner or owners. If the property is held in co-ownership (współwłasność), all co-owners must be party to both the lease and the option. A signature from one co-owner does not bind the others. The register shows fractional shares; the document should mirror them exactly.
Where the owner is a company, the KRS entry governs who may sign. The representation clause (sposób reprezentacji) specifies whether one signatory suffices or whether two are required. A contract signed by a single director when two-person representation is mandatory is voidable. This is verifiable before signing, not after.
Step 3 — Map the mortgages in Division IV
A mortgage on a Polish property survives a title transfer unless it is released before or simultaneously with the transfer. An option exercised over a mortgaged property transfers the mortgage along with the title. The buyer inherits the encumbrance.
Division IV shows each mortgage: the creditor, the secured amount, the currency, and the rank. It does not show the current outstanding balance. The balance requires a statement from the creditor. Where the lessor is a company, the mortgage creditor may also appear in the KRS as a pledgee over shares — a separate encumbrance on a different asset, but relevant to the lessor's financial position.
| Shown in Division IV | Not shown in Division IV |
|---|---|
| Creditor identity | Current outstanding balance |
| Secured amount at origination | Accrued interest or penalties |
| Currency of the mortgage | Repayment schedule |
| Mortgage rank (first, second, etc.) | Whether any partial release has been agreed but not yet entered |
| Date of entry | Side agreements between mortgagor and creditor |
Step 4 — Check Division III for encumbrances that survive transfer
Division III is frequently underread. It records encumbrances that do not appear in Division IV but that nonetheless bind a future owner. Statutory pre-emption rights (prawo pierwokupu) — held by a municipality, the State Treasury, or a co-owner — can intercept the option exercise. A usufruct (użytkowanie) grants a third party the right to use and draw income from the property; it survives a change of ownership.
An annotation of a claim (roszczenie) in Division III signals litigation or a pending contractual right. The annotation does not resolve the underlying dispute, but it puts any buyer on constructive notice. Exercising the option after an annotation is entered does not eliminate the annotated claim.
Step 5 — Verify the lessor's legal standing and insolvency status
If the lessor is a legal entity, the KRS entry shows whether restructuring or liquidation proceedings have been opened. An entity in restructuring may require court approval to dispose of assets. An entity in liquidation cannot ordinarily grant a valid option over its assets without the liquidator's involvement.
The Krajowy Rejestr Zadłużonych (KRZ) records insolvency and restructuring proceedings. The KRS and KRZ are separate systems. A clean KRS entry does not rule out a KRZ entry. Both must be checked independently.
Neither register shows informal financial distress, unpaid trade creditors, or pending enforcement by a bailiff (komornik). Enforcement proceedings do not necessarily appear in the land register until an attachment annotation is entered — and attachment may be entered after the search date.
Step 6 — Cross-check the option terms against the register
The option price, the exercise window, and the conditions precedent in the document must be read alongside the register state on the day of signing — not the day the document was drafted. Registers change. A mortgage entered between the draft date and the signing date does not appear in a printout made before it was entered.
| Document term | Register check | Source |
|---|---|---|
| Property description (plot, area, building) | Division I — exact match required | EKW |
| Seller identity | Division II — current owner | EKW |
| Seller's signatory authority | KRS representation clause | KRS |
| Option price | Division IV — secured amounts (context for lender consent) | EKW |
| Free-and-clear representation | Division III and IV — encumbrances present or absent | EKW |
| Exercise window | KRZ — no insolvency proceedings opened in the interim | KRZ |
Step 7 — Identify what requires notarial form
Under Polish law, a contract transferring ownership of real property must be executed before a notary (akt notarialny). An option agreement that commits the parties to a future transfer is also subject to formal requirements: if the option is intended to be enforceable against third parties, it should be annotated in the land register. An unannotated option binds the parties but does not bind a subsequent purchaser who acquires without notice.
Notarial deed requirements are not verifiable from the land register alone. The register shows whether an annotation has been entered; it does not show whether the underlying document meets the formal requirements for entry. Formal sufficiency is a question for a qualified Polish attorney — this checklist identifies the register state, not the legal qualification.
The limit of what the sources allow
The EKW shows the register state as of the moment of retrieval. It does not show changes entered after that moment. An annotation, a new mortgage, or a new encumbrance entered on the day of signing — but after the printout was made — will not appear. The register is not a real-time feed; it is a snapshot.
Division IV shows the existence of a mortgage and the amount at origination. It does not show the current balance, arrears, or whether the creditor has agreed to release the mortgage on transfer. That information requires a direct statement from the creditor. The register cannot substitute for it.
The KRZ shows proceedings that have been formally opened and entered. It does not show a petition that has been filed but not yet processed, or informal negotiations with creditors that precede a filing. A clean KRZ result means no recorded proceedings — not that no proceedings are imminent. The KRS and KRZ together cover the formal legal status of an entity; they do not cover its commercial creditworthiness or off-balance-sheet obligations.
Where the sources disagree
The KRS may show a company as active while the KRZ shows restructuring proceedings opened after the last KRS update. Update cycles differ between the two registers. Where the KRS and KRZ entries conflict in apparent date, the KRZ entry governs for insolvency status — it is the primary register for that purpose.
The land register description of a property may differ from the cadastral record (ewidencja gruntów i budynków). Area figures, building use classifications, and plot boundaries may diverge. The EKW governs ownership and encumbrances; the cadastral record governs physical description and planning classification. A discrepancy between the two does not resolve itself — it requires a formal correction procedure that can take time.
Frequently asked questions
Can the land register be searched without the register number?
The EKW search requires a numer księgi wieczystej. An address search is not available in the central system. The register number must be obtained from the lessor, from a notarial deed, or from the cadastral authority. If the lessor cannot or will not supply it, that itself is a material fact.
Does a mortgage in Division IV prevent the option from being exercised?
A mortgage does not prevent exercise. It means the transferred title will carry the mortgage unless the creditor releases it before or at the moment of transfer. In practice, the option agreement should specify whether the transfer is conditional on mortgage release, and if so, how that release is to be evidenced. The register shows the mortgage; the agreement governs the condition.
Is a lease with purchase option the same as a preliminary sale agreement?
No. A preliminary agreement (umowa przedwstępna) creates an obligation to conclude a final contract. An option gives one party the right — not the obligation — to trigger the transfer. The register annotation, the formal requirements, and the exposure to third-party claims differ between the two structures. This checklist addresses the option structure; a preliminary agreement requires a separate analysis.
What happens if a new encumbrance is entered after the option is signed but before it is exercised?
If the option is annotated in the land register, the annotation establishes priority. A mortgage entered after the annotation ranks behind the annotated option right. If the option is not annotated, a creditor who registers a mortgage after the option is signed but before it is exercised may acquire priority over the option holder. Registration of the option annotation is therefore a protective step, not a formality.
Disclaimer: This report is a factual compilation from official registers and public sources. It is provided for informational purposes only, does not constitute legal advice, and contains no legal qualification of the facts established. KORDECKI & Partners assumes no liability for actions taken or not taken based on this material. For advice regarding your particular situation, please contact info@kordeckipartners.com.