Transmission easement revamped. Constitutional Tribunal opens path for owners to pursue financial claims.

On 2 December 2025, the Constitutional Tribunal delivered a judgment (case no. P 10/16) that may completely reshape the relationship between property owners and transmission undertakings. The Tribunal held that the existing practice of acquiring transmission easements by acquisitive prescription—relied upon by electricity, gas and telecommunications companies—is incompatible with the Constitution of the Republic of Poland.

Wyrok ten kończy długotrwały spór o legalność budowy infrastruktury na cudzych gruntach bez umowy, bez zgody właściciela i bez wynagrodzenia.

What does this mean for property owners?

On many plots of land, for decades, there have been electricity poles, gas pipelines, pipelines or telecommunications lines—often without any legal title. Until now, transmission undertakings successfully relied on acquisitive prescription, effectively blocking owners from pursuing remuneration.

The Constitutional Tribunal’s judgment clearly indicates that:

• long-term use of another person’s property without a legal basis violates the constitutional protection of ownership,
• the argument of acquisitive prescription cannot be applied to periods prior to 2008,
• owners—both private and commercial—regain real tools to protect their rights.

This is a fundamental change that strengthens owners’ position in disputes with transmission undertakings.

Consequences for the market and court practice

The judgment forces a change in the existing case law. Common courts will have to apply an interpretation consistent with the constitutional standard of protection of ownership, which means:

• an end to the automatic acceptance of acquisitive prescription of an easement,
• the need for an individual analysis of each case,
• greater predictability of proceedings and a stronger position for owners

For transmission undertakings, this is a signal to act. It will be necessary to:

• carry out an audit of legal titles to infrastructure,
• verify where a legal basis is missing,
• conclude agreements with owners and pay remuneration,
• take the new obligations into account in operational and financial strategies.

This is a systemic change that may affect companies’ balance sheets, investment processes and the schedules for network modernisation.

What claims can owners raise?

The judgment opens the way to pursue:

• remuneration for unauthorised use of the property for the last six years retrospectively,
• compensation for the restriction on the manner in which the land may be used,
• establishment of a transmission easement for remuneration going forward.

This is not only a matter of financial compensation. It is also an opportunity to regularise the legal status of the property, which is important for:

• sale,
• financing investments,
• due diligence processes,
• planning new development and infrastructure projects.

A new paradigm of protection of ownership

The Constitutional Tribunal’s judgment is not a correction of the existing practice—it is a change in the philosophy of the approach to property rights.

For years, transmission undertakings relied on the argument of acquisitive prescription, often in situations where infrastructure had been installed without a contract and without remuneration. The Tribunal unequivocally indicated that such actions do not fall within the constitutional limits of interference with the right of ownership.

For owners and property managers, this is a landmark moment. Space is opening up for real protection of proprietary interests, and the real estate market is entering a new phase—more transparent, more predictable and more consistent with the principle of respect for ownership.