PL EN


2016 | 14 | 389-400
Article title

Z prawnej problematyki nabycia służebności przesyłu poprzez zasiedzenie

Title variants
EN
Legal aspects of the acquisition of transmission easement by acquisitive prescription
Languages of publication
PL
Abstracts
EN
Ownership is the main property right which gives the fullest control over a thing and, simultaneously, imposes the obligation to respect that control. The situation is totally different in respect of limited property rights. The limited property rights entitle a person to exercise some rights, which are typically given to an owner, on another person’s thing. The right of transmission easement constitutes a special, separate type of easement and it limits the ownership. The introduction of that right was a legislator’s response to the postulates made by transmission entrepreneurs to regulate the use of the real estate on which distribution equipment has been or is planned to be constructed. The possibility to acquire transmission easement by acquisitive prescription still causes numerous disputes both in the doctrine and among legal practitioners. That claim raised by the entrepreneurs entails the necessity to prove that the transmission entrepreneur and their legal predecessors used another person’s real estate in exactly the same way as it would have been used by the person who is entitled to the transmission easement (from 2008) or to an easement analogical (similar) to the transmission easement (until 2008), namely by using permanent and visible facilities which in this case are designed to transmit electrical energy (energy transmission, equipment maintenance, checkups and repairs) .
Year
Volume
14
Pages
389-400
Physical description
Contributors
  • Uniwersytet Przyrodniczy w Poznaniu
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-5cbb6775-97e0-4e3c-ac37-022d8ab58184
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