In a judgment of 2 December 2025, issued in case ref. P 10/16, the Constitutional Court assessed the constitutionality of the provisions on the easement acquisition in the case of the foundation of transmission networks. It follows from the ruling that transmission companies could not acquire an easement corresponding to the content of the transmission easement before 2008. It was then that the legislator added Article 305 to the Civil Code1 et seq. introducing a new limited right in rem, the transmission easement, into the legal system.
Against this background, a great deal of controversy and divergent jurisprudence has arisen in recent years. The TK - although not unanimously - has tried to cut through these doubts.
It is to be expected that, as a result of the aforementioned judgment, many landowners in respect of whom the courts have found that an easement with a content equivalent to a transmission easement has been seized will now come forward with their claims. Also, those landowners who have so far refrained or abandoned their claims against transmission companies due to the fear of a court finding that an easement for the siting of the network has been granted, will certainly decide to file lawsuits.
Michał Wojtyczek - advocate