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\u2014relied upon by electricity, gas and telecommunications companies\u2014is incompatible with the Constitution of the Republic of Poland. <\/p>\n\n
Wyrok ten ko\u0144czy d\u0142ugotrwa\u0142y sp\u00f3r o legalno\u015b\u0107 budowy infrastruktury na cudzych gruntach bez umowy, bez zgody w\u0142a\u015bciciela i bez wynagrodzenia.<\/p>\n\n
What does this mean for property owners?<\/strong><\/p>\n\n On many plots of land, for decades, there have been electricity poles, gas pipelines, pipelines or telecommunications lines\u2014often without any legal title. Until now, transmission undertakings successfully relied on acquisitive prescription, effectively blocking owners from pursuing remuneration.<\/p>\n\n The Constitutional Tribunal\u2019s judgment clearly indicates that:<\/p>\n\n This is a fundamental change that strengthens owners\u2019 position in disputes with transmission undertakings.<\/p>\n\n Consequences for the market and court practice<\/strong><\/p>\n\n 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:<\/p>\n\n For transmission undertakings, this is a signal to act. It will be necessary to:<\/p>\n\n This is a systemic change that may affect companies\u2019 balance sheets, investment processes and the schedules for network modernisation.<\/p>\n\n What claims can owners raise?<\/strong><\/p>\n\n The judgment opens the way to pursue:<\/p>\n\n 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:<\/p>\n\n A new paradigm of protection of ownership<\/strong><\/p>\n\n The Constitutional Tribunal\u2019s judgment is not a correction of the existing practice\u2014it is a change in the philosophy of the approach to property rights. <\/p>\n\n 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.<\/p>\n\n 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\u2014more transparent, more predictable and more consistent with the principle of respect for ownership.<\/p>\n\n <\/p>\n","protected":false},"excerpt":{"rendered":" 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\u2014relied upon by electricity, gas and telecommunications companies\u2014is incompatible with the Constitution of the Republic of […]<\/p>\n","protected":false},"author":28,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-3726","post","type-post","status-publish","format-standard","hentry","category-bez-kategorii"],"acf":[],"yoast_head":"\n\n
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