Power lines, poles, transformer stations, underground cables, pipelines, and gas pipelines running through private property do not imply that the owner must tolerate a gratuitous restriction on property rights.
In many cases, the following may be applicable:
This occurs when a transmission company uses your land:
In practice, many installations were placed in the 1970s, 80s, and 90s without legal regulation.
This does not mean that the owner has lost their rights.
Depending on the factual situation, the following are possible:
Claim for compensation for unauthorized use
As a rule, it covers the period of 10 years prior to filing the lawsuit.
Claim for the establishment of transmission easement
For appropriate compensation – usually a one-time payment.
Negatory claim (in special situations)
Concerns the removal of installations – applied exceptionally.
Compensation for depreciation in property value
When installations significantly affect the possibility of development or the attractiveness of the plot.
This is the most frequently asked question.
The amount of compensation depends on:
Example ranges (indicative) also depend on the plot area and its value:
Each case requires an individual calculation, often with the involvement of a property appraiser.
Yes, the claim for compensation for unauthorized use is subject to limitation.
Key factors include:
Energy companies often raise the defense of prescription – this requires a thorough analysis of historical documents and administrative decisions.
Not every line has been effectively "prescribed".
Transmission easement is a limited property right established in favor of a transmission company.
It legalizes the use of the property and specifies:
It can be established:
The amount of compensation is determined by the court – usually based on an expert opinion.
"The installations have been there for 40 years."
This does not preclude claims.
"There was an administrative decision."
The scope and legal effects need to be examined.
"Prescription has occurred."
Prescription requires the fulfillment of specific conditions – it does not occur automatically.
Each case requires an analysis of the land register, maps, decisions, and the company's history.
In many cases, companies opt for settlement after receiving a professional demand.
The earlier the case is analyzed, the greater the control over the risk of limitation.
There is no single "rate table".
The value of the claim depends on:
Incorrect calculation can result in the loss of a significant portion of the due compensation.
Adv. Ewelina Baranowska - Haber represents property owners in cases concerning:
Each case is preceded by document analysis and assessment of the real value of the claim.
Want to know how much your claim might be worth? Contact our law firm.
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