On 3 August 2008, it became possible for utility businesses to impose transmission easements on properties to facilitate the supply and/or removal of liquid, steam, gas or electric energy.

Transmission easements were introduced by changes to the Polish Civil Code. They give utility businesses limited rights to enter and use property on which their services are installed for any purpose related to utility services.

Property owners can invoke a compulsory purchase of any services which they have borne the cost of installing or the utility business can ask for ownership of the services to be transferred to them. The purchase involves ownership of the services being transferred to the utility business which connected them to their network in return for appropriate remuneration.

Where the property owner and utility business are unable to reach an agreement establishing a transmission easement, either one can apply to court for the easement to be granted. This is governed by provisions in the Polish Civil Procedure Code dealing with the establishment of easements of necessary passage.

Transmission easements:

  • transfer to the buyer when ownership of the utility services is transferred, to prevent it from expiring

  • are subject to the general provisions applying to easements, allowing them to be acquired by lapse of time

  • expire on liquidation of the utility business

Once a transmission easement has expired, the utility business is obliged to remove any services which impede the use of the land or, if removal would be excessively difficult or expensive, make good any damage caused.

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 04/08/2008.