These devices are located on thousands of plots. Landlords can demand a lot of money
A pole, gas pipeline or high-voltage line on private land may mean compensation. In some cases, it is even several hundred thousand zlotys.
A power pole, gas pipeline, pipeline or high-voltage line located on private land may limit the use of the property. In some cases, however, the owner may demand money for it. According to Morizon-Gratka Group experts, benefits range from several thousand to even several hundred thousand zlotys.
The legal situation of the property is of fundamental importance. The mere fact of the presence of infrastructure does not automatically give rise to the right to compensation. It is important whether the company has the legal title to use the plot. If no contract has been concluded, no paid transmission easement has been established and no expropriation decision has been issued, the owner may pursue his claims.
Compensation for a pole on the plot
The claim may include remuneration for non-contractual use of land in the past and the establishment of a paid transmission easement for the future. The owner may also apply for compensation for a decrease in the value of the property, and in certain situations also for its deterioration or limitation of its use.
The problem is particularly important in the case of construction and investment plots. Installations running through them may prevent development or significantly limit the way the area is developed. However, not every owner has the right to receive money.
Important judgment of the Constitutional Tribunal
If the company has a valid legal title, the easement has been entered in the land and mortgage register or the owner has already received remuneration, in principle he cannot demand further compensation. Therefore, the first step should be to check the land and mortgage register, contracts and decisions regarding real estate.
The judgment of the Constitutional Tribunal of December 2, 2025 is of significant importance. The Constitutional Tribunal questioned the practice of allowing transmission companies to acquire easements by adverse possession, taking into account periods before August 3, 2008. According to experts, in many cases this weakens the companies’ ability to invoke adverse possession.
The term of adverse possession may reach 2038
If the Constitutional Tribunal’s position is accepted, the adverse possession period for the transmission easement could have started on August 3, 2008 at the earliest. If the company had bad faith, the thirty-year period would have ended only in August 2038.
At the same time, experts point out that the practical significance of the judgment remains a subject of discussion due to the lack of its publication and subsequent case law regarding the status of the Tribunal. However, common courts and the Supreme Court began to issue decisions favorable to owners.
The amounts may reach hundreds of thousands of zlotys
There is no single compensation rate. The amount depends on, among others: on the value of the plot, the area occupied by the equipment and the service strip, the type of infrastructure and the extent to which it limits the use of the land. The impact of equipment on the value of real estate is also important.
The highest amounts usually concern gas pipelines and high-voltage lines on attractive construction or investment plots. In such situations, compensation may amount to several hundred thousand zlotys. In the case of telecommunications infrastructure or individual devices on the outskirts of the plot, benefits often range from several to several thousand zlotys.
You can claim money for earlier years
According to experts, the owner may, in principle, demand remuneration for non-contractual use of the property for the last six years, and in certain cases even for ten years back. It may also apply for the establishment of a paid transmission easement for the future.
The amount of the claim requires an individual valuation by a property appraiser and an analysis of the legal situation of the plot. Only checking the documents and assessing the impact of the infrastructure on the property allows you to determine whether there are grounds for claiming money and what amount can be expected.
