A transmission easement constitutes a specific type of limited right in rem, introduced into the Polish legal system as of 3 August 2008 pursuant to the amendment to the Civil Code of 30 May 2008 (Act amending the Civil Code and certain other acts, Journal of Laws 2008 No. 116, item 731). This institution was established as a separate property right, tailored to the needs of transmission infrastructure, such as electricity, gas, water supply, and telecommunications networks.

A transmission easement enables utility undertakings to use a third party’s real property to the extent necessary for the installation, operation, maintenance, and modernisation of transmission facilities.

Our Law Firm provides comprehensive legal support to both property owners and transmission companies.

 

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Distinct Nature of Transmission Easements

Although functionally similar to easements appurtenant, a transmission easement constitutes a distinct legal institution.

 

Its key characteristics include:

• it is established in favour of a transmission undertaking, rather than the owner of another property,
• it does not require the existence of a dominant tenement,
• its content is intrinsically linked to the operation of transmission facilities,
• it has a quasi-public function, while remaining a private law right.

This distinction is of considerable practical importance, particularly in assessing the legal basis for the use of real property and in disputes concerning remuneration or acquisitive prescription.

 

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Acquisitive Prescription of Transmission Easements – Significance of the Constitutional Tribunal Judgment of 2 December 2025 (P 10/16)

Of particular importance for the application of the provisions governing transmission easements is the judgment of the Constitutional Tribunal of 2 December 2025 (case no. P 10/16), which has had a groundbreaking impact on the interpretation of the conditions for acquisitive prescription of such easements.

The Tribunal challenged the previously accepted broad practice of allowing the acquisition by prescription of easements corresponding in content to transmission easements for periods preceding the introduction of this institution into the Civil Code (i.e. prior to 2008), without adequate safeguards for the protection of property rights.

Legal consequences of the judgment:

• limitation of the ability of transmission undertakings to rely on acquisitive prescription for periods prior to 2008,
• the need for a more rigorous assessment of the prerequisites for possession of an easement,
• strengthened protection of property owners,
• opening the way for property owners to pursue claims, including remuneration for unlawful use of real property.

This judgment is of particular relevance both to pending court proceedings and to already established factual situations in which transmission undertakings have relied on acquisitive prescription as the legal basis for their rights.

 

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Implications for Disputes Involving Transmission Undertakings

As a result of the above judgment:

• property owners have obtained stronger legal instruments to challenge the legal title of transmission undertakings to privately owned land,
• transmission undertakings are required to demonstrate a clear legal basis for their use of real property,
• the importance of negotiations and contractual regulation of the legal status of transmission infrastructure has increased,
• there has been a rise in cases concerning the establishment of transmission easements for remuneration.

 

Our Expertise – Comprehensive Handling of Transmission Disputes

We specialize in handling matters relating to transmission easements, representing both property owners and business entities.

Our services include:

• conducting proceedings for the establishment of transmission easements,
• representation in cases concerning acquisitive prescription of easements,
• pursuing claims for remuneration for unlawful use of real property,
• negotiations with transmission undertakings,
• legal analysis of the status of transmission infrastructure.

Our objective is to ensure effective protection of our Clients’ interests and to develop optimal legal solutions—both through amicable settlement and in court proceedings.

  

Please contact us for professional legal assistance in matters concerning transmission easements.