The problem of transmission infrastructure (poles, power lines, gas pipelines) located on private plots without legal status affects millions of Poles. For years, transmission companies often used the legal loophole of adverse possession of land easements, which prevented owners from obtaining compensation.
However, the latest judgment of the Constitutional Tribunal constitutes a fundamental change, strengthening the position of property owners in the fight for the compensation and remuneration they are entitled to.
Key change – Judgment of the Constitutional Tribunal (P 10/16)
On 2 December 2025, in its ruling in case P 10/16, the Constitutional Tribunal ruled that the acquisition by adverse possession of a land easement corresponding in content to a transmission easement, before the introduction of the institution of transmission easement into the Civil Code, is inconsistent with the Constitution.
What does this mean in practice?
The introduction of transmission easements into the Civil Code took place on August 3, 2008. Before that date, a transmission company could not effectively acquire the right to use real estate through adverse possession under a so-called land easement with the content of a transmission easement. Now, the argument of transmission companies that they acquired the right to land through adverse possession and do not have to pay the owner is losing its validity, especially with respect to infrastructure installed before 2008.
Opening the way to claims and types of claims by the property owner
Owners whose claims were previously dismissed due to adverse possession now have a strong legal basis to claim compensation for non-contractual use of real estate and compensation for a decrease in the value of the plot.
The owner of a property on which transmission infrastructure is located without legal title (agreement, administrative decision, adverse possession) may pursue several types of claims:
Compensation for non-contractual use of real estate
This is the most frequently asserted claim, based on the provisions on the protection of property (Article 224 et seq. of the Civil Code in conjunction with Article 3054 of the Civil Code). The claim is obligatory in nature and is due for each day the enterprise holds the property within the easement. Claims for compensation are subject to a statute of limitations under general principles.
The judgment of the Constitutional Tribunal (P 10/16) opens up the possibility of effectively claiming remuneration for a period that has not expired, counting from the moment when the enterprise took possession (e.g. erected a pole).
Compensation for reduction in property value
A claim for damages (Article 415 of the Civil Code) is intended to compensate for the permanent reduction in the market value of a plot of land caused by the existence and protection zone of the transmission infrastructure. The amount of this compensation is determined individually based on the opinion of a property appraiser, who takes into account:
- Market value of the land,
- Area occupied by devices (technological strip/easement),
- The degree of limitation of development possibilities (e.g. no construction possibilities).
Compensation for a decrease in the value of the plot is a one-off claim that may be pursued independently of the claim for compensation for non-contractual use.
Request to remove devices (so-called negation claim))
An owner may request the removal of a utility pole (Article 222 § 2 of the Civil Code) if the company has no legal title to use the property. This request is effective until adverse possession has occurred or a utility easement has been established.
Establishment of a transmission easement
If a transmission company is the sole possessor of the facilities, it may request that a transmission easement be established in its favor for appropriate compensation (Article 3052 of the Civil Code). The owner may also submit such a request (Article 3052 § 2 of the Civil Code) if the infrastructure is burdensome to the owner and the establishment of an easement would regulate the legal status.
What to do before choosing the right course of action:
Verification of legal status – Determining whether a transmission easement is entered in the land and mortgage register of the property or whether an administrative decision has been issued in favour of the company.
Contact with the company – Written request to the transmission company to conclude an agreement, establish a transmission easement for remuneration and pay remuneration for non-contractual use in the past.
Appraisal by an appraiser – In the event of a lack of agreement or the need for an accurate assessment of the damage, commissioning the preparation of an appraisal report by a property appraiser.
Legal proceedings – If negotiations prove ineffective, filing a lawsuit with one or more claims (for payment of compensation for non-contractual use and/or compensation for a decrease in the value of the property, or for the establishment of a transmission easement for compensation).
Summary and perspectives
The Constitutional Tribunal's ruling (P 10/16) is groundbreaking. It finally puts an end to the possibility of circumventing constitutional protection of property rights through a broad interpretation of adverse possession. Landowners, especially those with infrastructure installed before 2008, now have a solid basis for pursuing their financial rights, which can amount to several hundred thousand złoty.
In light of the new case law, any owner affected by a transmission infrastructure problem should immediately take legal steps to regulate the legal status of the property and seek compensation.
This article is for informational purposes only and does not constitute legal advice.
The legal status is as of December 10, 2025.
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