Na grafice widoczna jest wiejska nieruchomość z linią energetyczną i słupami wysokiego napięcia przebiegającymi przez działkę. Na pierwszym planie znajdują się dokumenty dotyczące wynagrodzenia za urządzenia przesyłowe, monety oraz symbol domu, nawiązujące do roszczeń właścicieli nieruchomości wobec przedsiębiorstw energetycznych.

12.09.2025 | Civil and Economic Cases

Power poles on your property? New opportunities to obtain compensation for transmission devices installed before August 3, 2008.

Many property owners have been struggling for years with the presence of transmission infrastructure on their land – power poles, telecommunications, gas pipelines, or other pipelines. This is accompanied by inconveniences, restrictions on land use, and a decrease in property value. At the same time, in many cases, owners have never received any compensation, and transmission companies have claimed adverse possession as a way to acquire the right to use the property.

However, after the Constitutional Tribunal’s ruling on December 2, 2025 (case no. P 10/16), the situation has fundamentally changed – and for the benefit of property owners. This also applies to properties for which a court ruling on adverse possession has been issued.

Adverse possession by a company? No longer so obvious

The Constitutional Tribunal ruled that it is inadmissible for a transmission company to acquire, before August 3, 2008, the right to use a plot belonging to a private individual without any compensation, i.e., through adverse possession, or for a transmission company to use this infrastructure without formal regulation, including without compensation.

What does the Constitutional Tribunal’s ruling mean in practice?

If you are the owner of a plot on which there is a power line, gas pipeline, pipeline, or other transmission device, and:

– the devices were installed before 2008,

– no agreement was ever signed with you nor was a formal easement established,

– you were not expropriated,

– you have not received any compensation or damages,

then you have the opportunity to seek compensation for the years of use of your land.

Moreover, if there was a case of adverse possession and you lost it as the owner, you have the right to have the case re-examined.

What options do you have?

Transmission companies can no longer invoke adverse possession of easements, and consequently, they must account for the obligation to pay for the installation of transmission infrastructure on your property. It does not matter whether the issue of adverse possession was not regulated at all or was the subject of a court case.

What amounts are we talking about?

Compensation depends, among other things, on:

– the type of transmission device,

– the area of land occupied,

– the location and value of the property,

– the decrease in attractiveness and value of the plot caused by the installation of transmission devices on it.

How much time do you have?

If the case of adverse possession has been legally concluded – you have 3 months from the date the Constitutional Tribunal’s ruling comes into effect to submit a request for the resumption of proceedings.

If there was never a case of adverse possession – you can seek payment for the last 6 years and establish the obligation for future compensation.

Each case requires individual analysis. If there is infrastructure on your property from before 2008 and you want to check what rights you have and what amounts you can claim, contact us. We will analyze the case and present you with options.

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