Monitor Prawniczy

no. 18/2016

Questioning acquisition of a transmission easement by usucaption in the proceedings for compensation for using the property without legal title (Part I)

Marcin Zięba
Autor jest adwokatem Izby Adwokackiej we Wrocławiu oraz doktorem nauk prawnych, w specjalności prawo cywilne.
Abstract

The author presents the procedural situation of the owners of land who - after years of, in their opinion, unlawful use of their property by an entrepreneur, decide to initiate court proceedings for compensation. The article describes a situation whereby the owners learn – the said court proceedings pending – that the entrepreneur holds the legal title to use their property, in particular – that he acquired by usucaption a limited material right in the form of an appropriate easement. The first part of the publication focuses on discussing the possibility of acquiring a transmission easement by usucaption (before the date of entry into force of the provisions of Articles 3051 to 3054 of the Polish Civil Code, i.e. before 3 August 2008 a transmission easement was called an easement of the content of a transmission easement).