Do you have a pole on your plot? This judgment of the Constitutional Tribunal introduces changes for owners

After the judgment of the Constitutional Tribunal of December 2, 2025, courts began to receive applications to resume proceedings regarding adverse possession of transmission easements. Property owners are trying to reopen cases where transmission companies were previously found to have acquired the right to use private land without formal expropriation and without paying compensation.

The landmark ruling of the Constitutional Tribunal (reference number P 10/16) questioned the practice of allowing energy companies to acquire the right to use private plots by adverse possession in a situation where no formal expropriation had been carried out before. This opened the way for property owners to pursue their claims.

Salary and compensation possible

Owners of land through which power lines or gas pipelines run may apply for the establishment of a transmission easement for remuneration. At the same time, they can claim compensation for non-contractual use of real estate.

Although after the judgment was issued there were doubts as to its practical significance, after a few months the first effects were visible. As described by the website Prawa.pl, a uniform line of jurisprudence has not yet been developed, but representatives of real estate owners point out that courts are increasingly referring to constitutional arguments and more carefully examining whether adverse possession of an easement violates property rights.

The first judgments favorable to owners

The first final decisions issued after the judgment of the Constitutional Tribunal are becoming increasingly important. As indicated by legal advisor Agnieszka Madej from the Łebek, Madej i Wspólnicy Law Firm, in some cases the courts dismiss the allegation of adverse possession, while confirming the owners’ right to remuneration for limiting the ownership right.

One example is the decision of the District Court in Rzeszów of March 17, 2026 (reference number V Ca 1043/24), regarding overhead and underground power lines. The court did not accept the objection of adverse possession and upheld the ruling establishing a paid transmission easement. The owner of the property was awarded a one-time remuneration exceeding PLN 180,000. zloty.