TOMASZ PRZYBECKI
09-04-2013

Transmission easement – water and gas pipeline on one property

The first hearing in the case for the establishment of a transmission easement was held today before the District Court in Lublin.

A water supply line and a gas pipeline run through the client’s plot. On behalf of the client, the law firm applied for the establishment of a transmission easement. The participants in the proceedings defend themselves by alleging that the transmission easement has been seized, pointing to more than 30 years of undisturbed possession of the easement.

The case contains a number of interesting legal aspects, in particular, the question of the possibility of running an inheritance in favor of state-owned enterprises before 1990 and the interpretation of Article 292 of the Civil Code, and, in particular, the premise of “visibility” of the linear infrastructure device.