Transmission easement
Restrictions on the Use of Property
The presence of a gas pipeline, utility pole, overhead power line, or other transmission infrastructure on a property means that the owner cannot fully and freely use their land. The area where such infrastructure is located is often unsuitable for development or full utilization, as part of the land must remain accessible to the network operator for maintenance, modernization, or repair works.
In practice, this results in significant limitations on the ability to use the property according to the owner’s needs, potentially affecting both its market value and its practical use.
Regardless of whether the transmission infrastructure has been located on the property for many years or installed relatively recently, the property owner may have the right to pursue claims against the transmission operator.
What Compensation may be Available in Transmission-Related Claims?
Transmission-related claims concern a property owner’s right to seek compensation for the use of their land by a transmission operator (e.g., an electricity, gas, water, or telecommunications network operator) without an appropriate legal basis.
In particular, you may be entitled to:
- Remuneration for Unauthorized Use of the Property
If a transmission operator operates infrastructure on your land without a concluded agreement or without an established transmission easement, you are entitled to claim remuneration for the period during which the property was used without a legal basis.
As a rule, remuneration may be claimed for a period of up to six years retrospectively, in accordance with the statutory limitation periods applicable to pecuniary claims.
- Establishment of a Transmission Easement for Remuneration
You have the right to request the establishment of a transmission easement - primarily by way of an agreement with the transmission operator and, failing agreement, through court proceedings.
A transmission easement is a limited property right that legalizes the operator’s use of part of the property to the extent necessary for the operation of transmission infrastructure, while guaranteeing the landowner appropriate remuneration.
- Compensation for Decrease in Property Value
If the presence of transmission infrastructure adversely affects the market value of your property, you may seek compensation for the resulting decrease in value.
It is necessary to demonstrate a causal link between the installation of the infrastructure and the reduction in the property’s value. This claim may be pursued independently of remuneration for the establishment of a transmission easement.
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Services
How We Assist in Transmission Claims
The Litigation Practice of AXELO Law Firm provides comprehensive legal services in matters concerning gas pipelines, power lines, and other transmission infrastructure located on private property.
Thanks to the experience of our lawyers and specialized expertise, we guide clients through the entire claims process - from case analysis, through negotiations, to potential court proceedings.
As Part of Our Legal Services, We Offer:
- Legal Status Analysis of the Property
We verify:
- entries in the land and mortgage register,
- maps and available administrative decisions,
- the legality of the infrastructure installation,
- the existence or absence of a legal title on the part of the network operator.
- Assessment of the Validity of Claims
Based on a detailed legal analysis, including:
- the date of installation of the infrastructure,
- any previous compensation payments,
- the existence or absence of an easement,
we identify potential claims and recommend an appropriate legal strategy.
- Negotiations with the Transmission Operator
Before initiating court proceedings, we attempt to resolve the dispute amicably. For this purpose, we:
- issue formal payment demands,
- present proposals for the establishment of an easement for remuneration,
- conduct negotiations on behalf of the client with the network operator.
- Representation in Proceedings
If a satisfactory settlement cannot be reached, we prepare the necessary procedural documents and represent clients before courts or administrative authorities.
How to Initiate Your Claim?
In order to conduct a reliable case assessment, we kindly request the following information and documents:
- Plot Number and Property Address
Basic identification details of the land where the infrastructure is located. - Land and Mortgage Register Number
This allows us to determine the legal status of the property and verify whether Section III contains entries concerning easements or other encumbrances. - Documents Relating to the Transmission Infrastructure
These may include, in particular:
- building permits,
- location decisions,
- easement agreements (if any),
- correspondence with the transmission operator.
- Information Regarding Previous Compensation
If you have previously received any compensation (e.g., for crop damage or temporary occupation of land), please indicate the amount and legal basis.
What if Documents Are Missing?
In many cases, property owners do not possess full documentation concerning transmission installations, particularly where the infrastructure was constructed several decades ago.
In such situations, our Law Firm may, on your behalf, apply to:
- the municipality,
- the district authority,
- the transmission operator,
for access to administrative decisions, maps, and archival documentation.
On this basis, we determine whether the installation was lawful and what claims you may pursue.
Is Court Action Always Necessary?
Not every case requires filing a lawsuit. In many situations, the matter can be resolved through administrative proceedings or negotiations.
In some cases, the amount of compensation or remuneration may be determined by way of an administrative decision, which may be faster and less costly than court litigation.
However, if the transmission operator refuses an amicable resolution and the claims are justified, our Law Firm will prepare and file a statement of claim and represent the client in court proceedings.
