Piotr Rolka

If a court ruling grants a transmission easement to a transmission company, you have three months to reopen the proceedings and reverse the effects of that ruling, as well as to obtain compensation for non-contractual use of the property—the deadline expires on March 2, 2026.

In its ruling of December 2, 2025 (P 10/16), the Constitutional Tribunal unequivocally ruled that before August 3, 2008, it was not permissible to acquire by prescription a land easement corresponding to the content of a transmission easement. The Constitutional Tribunal ruled that the judicial practice allowing such a solution violates the constitutional protection of property rights and the principle of legal certainty and security. This ruling is of fundamental importance for thousands of disputes between property owners and transmission companies.

Property rights under special constitutional protection

The Constitutional Tribunal emphasized that property rights enjoy the strongest constitutional protection, and may only be restricted by statute and in an unambiguous manner. The Constitutional Tribunal pointed out that courts are not authorized to “create” new limited property rights by way of interpretation. This means that only the legislator can create new types of easements (limited property rights) and determine their content.

Why could adverse possession not occur before 2008?

The crux of the ruling is the finding that until August 3, 2008, there was no transmission easement or its “equivalent” in the form of a land easement in the Polish legal system. The Tribunal stated that since a given type of property right did not exist, it:

• could not be the subject of possession,
• could not be subject to acquisitive prescription,
• could not be acquired by acquisitive prescription.

This has a huge impact on practice.

The significance of the judgment in practice

The judgment of the Constitutional Tribunal strengthens the position of property owners in disputes with transmission companies. Transmission companies can no longer invoke the acquisitive prescription of transmission easements calculated before 2008, as this argument has lost its constitutional basis. In practice, this means that until 2028 it will not be possible to acquire such easements by prescription, which changes the existing balance of power and limits the advantage of transmission companies in such cases.

This ruling also paves the way for landowners to obtain compensation for non-contractual use of their property and for the establishment of transmission easements.

Importantly, this also applies to cases that have been concluded with a final judgment – in this case, it is possible to reopen the proceedings under certain conditions and no later than March 2, 2026.

If your property has been encumbered with a transmission easement taking into account the period before 2008, or if your property still has an unregulated legal status with regard to transmission networks and equipment, do not wait. Contact us and find out what your options are!