Establishment of the Right of Electricity Transmission Easement Through Court Proceedings

摘要

Including the amendment of the Civil Code Act on May 30, 2008, issues related to the right of easement of transmission were introduced to it. Such a regulation was necessary in view of the need to define the legal status of transmission facilities, existing and designed on real estate property. The purpose of the study is to analyze issues related to the definition of the spatial extent of the law of transmission easement for power grids. The analysis of the law and cases of legal proceedings concerning the establishment of the easement of transmission show that the current state of Polish legislation in this respect does not provide a sufficient basis for clear determining the scope of the right of transmission easement. The effect of these unclear laws is visualized on the example of the power grid in the form of a transformer station pole and a medium voltage line.