Abstract
The entering into force of the utility easement provisions under the Act of 30 May 2008 on the amendment of the Civil Code and several other laws (ZmKCU08) gave birth to a new type of a limited right in property. It has become necessary to resolve which factual legal statuses from before and after 3 August 2008 should be qualified from the viewpoint of the new act, and which ones from the viewpoint of the old one. The article considers this very issue. The origin of utility easement requires – in author’s opinion – the application of criteria with respect to qualifying legal statuses according to the new or old regulation more subtle than in typical intertemporal situations. Upon entering into force of the utility easement provisions „the real estate easements tantamount to utility easements” established earlier became subject to the new regulations, i.e. as of 3 August 2008 the existing „avant la lettre utility easements” have become utility easement sensu stricto, regulated exclusively by the provisions of ZmKCU08. The article also discusses how to calculate the time for utility easement by prescription. The author indicates totalling of the period of holding „modified” real estate easement and utility easement. As a result, the time of prescription for the latter of those rights starts running as of 3 August 2008, though the entire period for which the situation of the property reminded „pre-utility easement” is added thereto. In this case, the rule of non-retroaction does not preclude the summing up of the times of holding both easements. This conclusion was confirmed by the resolution of the Supreme Court of 22 May 2013 (