When discussing transmission infrastructure on private land, we often encounter two extreme attitudes. The first is resignation: "It's there, it's there, I won't do anything." The second is entitlement based on myths: "I want a million for this one pole." The truth, as is often the case in law, lies somewhere in the middle, but closer to the landowner's wallet – provided they know how to access the money.
Today we will be discussing transmission easements in a specific context: what to do when an energy or telecommunications operator has “made us happy” with a cable under the lawn or a box by the gate.
What exactly is this “compensation”?
Let's start by clearing up the terminology, as this is where most amateur negotiations with energy giants fall apart. In everyday language, we speak of "compensation." However, in light of Article 305¹ et seq. of the Civil Code, we are primarily fighting for appropriate compensation for the establishment of a transmission easement .
What difference does that make? Huge.
- Compensation repairs damage (e.g. an excavator destroyed your fence while laying cables).
- The fee is payment for the entrepreneur using your property and – crucially – reducing its market value and limiting your control over the land.
In practice, we are fighting for money because you have an "intruder" on your property that you can't get rid of and that dictates what you can and cannot do on your own property.
Power box and cables - specifics of claims
In the case of large high-voltage lines, the issue is visually obvious. However, with smaller components – such as underground cables or junction boxes (JCs) – owners often downplay the problem. Unfairly.
Underground cables
Just because you can't see them doesn't mean they don't cause harm. Every cable line creates a so-called technological strip (protection zone) . Within this strip, you can't build a house, plant deep-rooted trees, or erect a permanent gazebo.
The result? If you have a 1,000 m² building plot and a cable "cuts off" your ability to build on a 2-meter-wide strip running down the middle, your plot de facto loses drastically in investment value.
Boxes (cable junctions, telecommunications cabinets)
This is where we enter the topic of so-called physical interference. The mailbox not only takes up specific square meters, but it often:
- It disturbs the aesthetics (which affects the property valuation).
- It makes it difficult to build a fence in a straight line.
- It requires access for technical services (another limitation in land development).
An ace up the entrepreneur's sleeve – Adverse possession
Before you send a payment demand, you need to check one thing. This is where even lawyers who aren't specialists in property law fall apart.
Transmission operators (Tauron, PGE, Energa, Orange, etc.) most often defend themselves with the accusation of adverse possession of the easement .
If the device has been on your plot for more than 30 years (bad faith adverse possession), there is a risk that the entrepreneur has acquired the right to use the land for free.
It should also be examined whether the line was modernised, as changing the route interrupts the running of the limitation period.
- Was the enterprise state-owned before 1989?
- Have you ever signed any consent to enter the area?
If adverse possession has not occurred, the path to the money is open.
The procedure – step by step
If your situation is "clean" (no adverse possession, no easement agreement), the procedure is as follows:
- Inventory: You need to know what's in your land. Survey maps are essential.
- A request for the voluntary establishment of an easement: We send a letter to the entrepreneur with a proposed amount (always slightly higher to have something to cover) and a request to regulate the legal status with a notary.
- Negotiations: Companies usually respond with ridiculously low offers ("lump sums" of several hundred zlotys). Don't be discouraged. It's a standard tactic to tire out your opponent.
- Court: If negotiations are unsuccessful, we submit an application to the district court for the establishment of a transmission easement against remuneration (Article 305² § 2 of the Civil Code).
Remuneration is not everything – claim for non-contractual use
Establishing an easement regulates the situation for "today and tomorrow." But what about the past?
If an entrepreneur has been using your land without legal title in recent years, you are entitled to additional compensation for non-contractual use of the property (Articles 224 and 225 of the Civil Code).
You can claim payment for 10 years back . If there's a box or cable running on the plot, this is effectively the rent the contractor should have paid you if you had entered into a lease or rental agreement for that piece of land. Often, these amounts are equivalent to the easement itself.
Summary
Installing a box or running a cable without legal status violates your property rights. This isn't just a matter of aesthetics, but also the real cost of losing the property's value. The law is on your side, as long as you don't overlook the issue of adverse possession and properly document your claims.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of January 21, 2026.
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