Sunday, 21 March 2010

News from Poland

International

Polish families ousted by German

19.11.2009 16:20

The District Court in Szczytno, north east Poland, has ruled that two families have to evacuate the house they inhabited for over thirty years, because it formally belongs to German citizen Agnes Trawny.

 

Agnes Trawny is the first German citizen to win a property restitution case in Polish courts. In 2005, Trawny, who left Poland in 1977, recovered forty-seven hectares of land and a 250-metre house which originally belonged to her mother and which she was forced to give up when she decided to move to Germany. Two families, which have lived in the Narty village – the Moskalikowie and Glowaccy families – were supposed to move out by December 2008.

 

However, the destitute families – each consisting of six members – decided to stay and fight for their rights to the house. The inhabitants claim that Trawny abandoned the house and land and was not interested in it for almost thirty years, while they invested their money in maintaining the property. The Moskalikowie and Glowaccy families also blame the communist State Treasury for accommodating them in a house left by Trawny without securing rights to the property.

 

Trawny took the Moskalikowie and Glowaccy families to court in Szczytno and won a case for eviction. The two families will have to move out by summer 2010 and the state will not be obliged to provide them with a replacement home.

 

The issue of property restitution, from citizens of another country, is both controversial and mounting in Poland. Large movements of people during and after WWII have meant that many land settlements have yet to be resolved. (mg/kk/mmj)

 

Related Stories:

German woman won’t get compensation for land in Poland , thenews.pl, 20.09.2007

Securing land rights , polishradio.pl , 27.07.2007

 

Comments
  • Joe 19.11.2009 18:23 Finally the tremendous injustice that has befallen millions of Germans after the war is being slowly corrected. I hope this trend continues and isn't just for a show. Joe
  • Maciej Skiba 19.11.2009 18:29 This is a difficult case, if it was a WW2 restitution claim I would say definitely no. Seeing as its not its a little more complicated. Here in the States if the property is abandoned you can get the house through "adverse possession." But seeing as the Polish court ruled otherwise the law is different in Poland. Clearly the Polish family is just as much the victim as the German citizen, but unfortunately I have to side with the German citizen. With that said, the German citizen should pay back all property taxes dating back to 1977 and the Polish family should be refunded any property taxes they paid. If the court ruled its the German citizens house, it means that it was always the German citizens house, which means the owner of the house should have been paying the taxes not the person living there. As for the Polish family seeing as they acted in good faith they deserve payment from the government for any money they put into the house plus the difference between the mortgage and rent (they would have paid if they where renting instead of buying).

    However my position is conditional on one thing, that the mother of the German citizen, was forced to abandon the property and it was not by choice. If it was by choice, whats to stop anybody from abandoning their property, having others pay the taxes, and then coming back 30 years later after the property values go up to reclaim the land/house back.
    Maciej Skiba
  • Maciej Skiba 19.11.2009 18:34 Joe,

    Correction the house was abandoned in 1977, WW2 ended 1945. This has nothing to do with the war. Feel free to reread the article.
    Maciej Skiba
  • Maciej Skiba 19.11.2009 18:37 By the way I'm curious to see you make a case for why Germans should receive any land that was lost as a result of WW2 when the Nazi's started a war and slaughtered millions of Poles.

    Seeing as you support this position, I'm sure you also support Poland getting back all the land they lost in WW2 also? Its not as bad as it sounds, after all Poland was much bigger before the war.
    Maciej Skiba
  • Joe 19.11.2009 19:22 That land has been German for hundreds of years and was lost as a result of the Soviet redistribution of land. Now that the Soviet Union is gone, the land should go back to Germany. As for Poland and its land, feel free to discuss the issue with Ukraine and Belarus. Joe
  • Ed 19.11.2009 19:29 Pals, please read the story first. It has nothing to do with WW2 or ethnic Germans! Ed
  • Maciej Skiba 19.11.2009 19:31 Figures you'd say that, so let me guess Poland should give up its land without a guarantee it would get back land from Ukraine and Belarus?

    Not to mention you think Germany hold's no responsibility for anything? After all Poland lost the land because of Germany, why should the headache belong to Poland of getting that land back?

    Not to mention the can of worms you want to open up. Why stop at WW2, maybe we should go back to the Polish Lithuanian commonwealth and get that land back also, after all Poland held on to that land for hundreds of years.

    However its nice to see a man more concerned about the aggressor in WW2 than the victim.
    Maciej Skiba
  • Maciej Skiba 19.11.2009 19:32 You right Ed, I already mentioned that, its just Joe took the conversation towards WW2 restitution and I felt it was a nice topic to debate, after all the issue has not yet been settled. Maciej Skiba
  • Ed 19.11.2009 19:33 Joe is unto something here. I mean Poles seem to be very outspoken about correcting all the wrongs from Stalin's era. Just like Ukrainian and Lithuanians are. Maybe now is the time to walk the talk. Ed
  • Joe 19.11.2009 19:34 Maciej: Two wrongs don't make something right. The war was caused by the Nazi Germany, not its present government. Germany has done more than enough to pay off the war debts and now it should get its rightful land back. Every country should get the land back, in fact. Joe
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