Do you have poles on your plot? You can get up to several dozen thousand zlotys

Power poles on the plot may mean compensation. Check when the owner can demand money.

The presence of high-voltage lines or power poles on private land is a problem that may significantly limit the use of the property. Such infrastructure often reduces the value of the plot and makes it difficult to develop.

In many cases, owners do not realize that they can claim compensation. If an energy company uses land without appropriate legal grounds, the owner has the right to demand remuneration.

Compensation for power poles on a plot – when is it due?

Compensation is possible primarily when the devices were installed without the owner’s consent or without concluding a contract. This applies to situations where no transmission easement has been established or an administrative decision has been issued authorizing the occupation of land.

The lack of an entry about an easement in the land and mortgage register may be an additional signal that the company does not have the appropriate legal title to use the property.

Who can make claims and in what cases

The owner of the plot, and in some situations also the perpetual usufructuary, has the right to make a claim. The first step is to determine who owns the infrastructure – usually this is the local utility.

Claims can be submitted, among others: when lines or poles limit the possibility of development, reduce the value of the property or exclude part of the area from use. In such cases, the owner may apply for remuneration for the current use of the plot, the establishment of a transmission easement for a fee, or even the removal of devices if they are no longer used.

How to check if an easement has been established

The key document is the land and mortgage register of real estate. Information about transmission easements can be found in section III, which covers rights and restrictions related to the property.

If there is no entry regarding the energy company, the owner may have grounds to pursue claims. However, it is worth remembering that the lack of an entry does not always mean that there is no right on the part of the company.

Possession of an easement and its consequences

An important element is the issue of adverse possession. An energy company may acquire the right to use a plot of land after a specified period of time – after 20 years in good faith or after 30 years in bad faith.

This means that the longer the infrastructure is on the plot, the greater the risk of the owner losing the ability to pursue certain claims.

Limitation periods for claims

If there is no adverse possession, the owner can still apply for remuneration. However, please remember that claims for non-contractual use of real estate expire after 6 years.

This period can be interrupted, for example by filing a lawsuit or a settlement request. This gives the owner more time to assert his rights.

How much can you receive for the presence of infrastructure

The amount of compensation is determined individually by a property appraiser. This includes, among others: value of the plot, type and voltage of the line, as well as the area excluded from use.

Restrictions resulting from protection zones are also important, as they may prevent development or conducting specific activities. In practice, compensation amounts range from several to even several dozen thousand zlotys.