Land utility connections and transmission easement – the latest case law

Land utility connections are one of the most important factors affecting the value of land property and the possibility of developing it. Access to electricity, gas, water, sewerage or telecommunications networks increases the attractiveness of a plot and significantly facilitates the implementation of an investment project.

However, the presence of technical infrastructure does not always mean benefits only. Transmission facilities run through many properties and determine how plots can be developed. Some such transmission facilities were built several decades ago, often without an agreement with the landowner. Until recently, owners were unable to enforce their rights. Transmission companies maintained that they could use land by acquisitive prescription, which was supported by court rulings. This is now changing in many respects.

What is a transmission easement?

A transmission easement is a limited property right regulated in Articles 305¹-305⁴ of the Civil Code. It is established for the benefit of a transmission company in order to ensure the possibility of using another person’s real estate to the extent necessary for the construction, operation, maintenance, modernisation and repair of transmission facilities.

Transmission facilities include primarily:

• power lines,
• gas pipelines,
• water supply systems,
• sewerage systems,
• district heating networks,
• telecommunications networks.

In practice, this means that the property owner must tolerate the existence of the infrastructure and allow the company access to the facilities in order to carry out necessary operational work or remedy failures.

Impact of a transmission easement on the possibility of developing a plot

The presence of transmission facilities may have a significant impact on how real estate is developed. Depending on the type of infrastructure, relevant protection zones or technical corridors apply, within which there may be restrictions on the location of buildings, the planting of tall trees, the carrying out of deep excavations or the performance of works that could damage the facilities. This means that even an attractively located and well-serviced plot may not be fully used in accordance with the investor’s intentions.

Remuneration for establishing a transmission easement

If a company plans to place new transmission facilities on private land, the owner may demand that a transmission easement must be established for appropriate remuneration.

When determining the amount of remuneration, factors taken into account include the area of the property subject to the restriction, the type of transmission facilities and the impact of the facilities on the value of the property. Most often, the remuneration is paid as a lump sum, although the parties may also agree on periodic payments.

Acquisitive prescription as the most common argument of transmission companies

In practice, many transmission facilities were built before the provisions on transmission easements entered into force. For a long time, transmission companies, instead of entering into agreements with landowners, assumed that they could use real estate by acquisitive prescription.

Before Articles 305¹-305⁴, in force since 3 August 2008, were introduced into the Civil Code, the case law of the Supreme Court accepted the possibility of acquiring by acquisitive prescription a so-called land easement corresponding in content to a transmission easement. This allowed the period of use of the real estate before 3 August 2008 to be added to the period required for acquisitive prescription. As a result, many court cases brought by property owners for the establishment of a transmission easement for remuneration were dismissed.

A landmark judgment of the Constitutional Tribunal and a decision of the Supreme Court

The breakthrough came with the judgment of the Constitutional Tribunal of 2 December 2025 (P 10/16). The Tribunal held that the provisions of the Civil Code, interpreted in a manner allowing the acquisition before 3 August 2008, by acquisitive prescription, of a land easement corresponding in content to a transmission easement, are inconsistent with the Constitution of the Republic of Poland.

The significance of the Tribunal’s judgment was subsequently confirmed by the Supreme Court in its decision of 19 March 2026 (II CSKP 1045/24). The Supreme Court stated that before the provisions on transmission easements entered into force, the limitation period for acquiring this right by acquisitive prescription could not have started to run. Therefore, it is not permissible to include the period of use of the real estate prior to 3 August 2008 in the period required for the acquisitive prescription of a transmission easement.

In the Court’s opinion, the earlier interpretation led to the acceptance of the possibility of acquiring by prescription a right which, at the time possession was exercised, did not yet exist in the Polish legal system.

What do the new rulings mean for property owners?

The new line of case law may be of considerable importance to owners of plots crossed by power lines, gas pipelines, water supply systems, sewerage systems or telecommunications networks. For many years, transmission companies successfully relied on acquisitive prescription, which often prevented owners from obtaining remuneration for the establishment of a transmission easement. Following the judgment of the Constitutional Tribunal and the decision of the Supreme Court, the possibility of successfully raising such an objection has been significantly limited. This does not, however, mean that acquisitive prescription is completely excluded. It may still occur, but the running of the relevant period must be assessed taking into account the provisions in force from 3 August 2008 and the circumstances of the specific case.

What should a plot owner do?

If transmission facilities run through the property, it is worth:

• checking the contents of the land and mortgage register,
• analysing the surveying and design documentation,
• establishing the date on which the facilities were built,
• verifying the legal basis for the transmission company’s use of the property,
• assessing whether the company can in fact successfully rely on acquisitive prescription,
• considering pursuing remuneration for the establishment of a transmission easement or other claims arising from non-contractual use of the property.

Summary

Land utility connections undoubtedly increase the value and utility of a plot, but the presence of transmission facilities may at the same time lead to significant restrictions on ownership rights. Therefore, before purchasing real estate, and also before bringing claims against a transmission company, it is worth carefully analysing the legal status of the land.

The judgment of the Constitutional Tribunal and the decision of the Supreme Court mark a change in the interpretation of the provisions on the acquisitive prescription of transmission easements. These rulings strengthen the protection of ownership rights and may significantly increase the chances of property owners obtaining remuneration for the use of their land by transmission companies. At the same time, they signal a change in a long-standing judicial practice in which the plea of acquisitive prescription was the main line of defence for transmission companies.