Do you have a pole on the lot? This judgement of the TK opens the way for you to money for the uncontractual usage of the transmission company. incapable to sit on ground service with transmission service content

Zdjęcie: Masz słup na działce? Ten wyrok TK otwiera Ci drogę do pieniędzy za bezumowne korzystanie przez firmę przesyłową. Nie można zasiedzieć służebności gruntowej o treści służebności przesyłu Shutterstock


On 2 December 2025, the Constitutional Court ruled in Case P 10/16 that Article 292 in conjunction with Article 285(1) and (2) of the Act of 23 April 1964. – The civilian Code (Journal of Laws of 2025 item 1071, as amended), understood as enabling the acquisition by the transmission undertaking or the Treasury before the entry into force of Article 305(1)-305(4) of the Act – the civilian Code, by sitting a ground service corresponding to the content of the transmission service, is incompatible with Article 21(1), Article 64(2) and (3) in conjunction with Article 31(3) and Article 2 of the Constitution of the Republic of Poland. The Court held that the existing case law allowing the anticipation of acquiring a service corresponding to the content of the service of transmission violated the rule of number clausus of rights in kind by creating an inconsistent kind of service in a systemic way, thus limiting ownership rights. The owners of the property were incapable to foretell the effects of their deficiency of activity, or the failure of their rights to the property, since there was no transmission service before 2008. This judgement is very crucial for transmission undertakings which do not have a legal title to another persons' property, as well as for thousands of parcel owners through which the equipment runs. While this second group of people is very good news due to the fact that it opens up fresh opportunities for them, the Court's judgement for the transmission companies means large problems and even more costs.