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Successful intervention in title defect case

Mr Łukasz Gorek of Greenberg Traurig Grzesiak sp.k., a pro bono lawyer representing HFHR clients, the spouses D., skilfully negotiated a settlement with the municipality of Kowale Oleckie which agreed to execute a notarial deed, effectively repurchasing a property earlier sold to D.

D. asked for the HFHR’s help pointing to defects in the title of the building plot, which they bought from the municipality in a tender. The levelling works started on the property revealed a high number of human remains present underground. The Provincial Inspector of Historic Monuments ordered D. to perform archaeological and excavation works. The anthropology tests of 17 subjects indicated that the remains most likely date back to the turn of the 19th and 20th centuries.

Following the discovery, D. tried to rescind the sale but the municipality rejected a notice of rescission. D. asked for the HFHR’s assistance in the ensuing dispute. The deal successfully brokered by Mr Gorek resulted in the execution of a notarial deed which transferred the title back to the municipality, the original seller. On top of the selling price, the municipality agreed to repay D. documented costs they had incurred.

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