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Z prawnej problematyki nabycia służebności przesyłu przez zasiedzenie

100%
Hasińska I.
Studia Iuridica Agraria
|
2016
|
vol. 14
389-400
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).
2

Służebność przesyłu i pokrewne instytucje prawne; roszczenia związane z ich powstaniem i wykonywaniem

84%
Gurgul S.
Rejent
|
2022
|
issue 10 (378)
25-45
EN
The article presents: a) the merit of the right of transmission easement as a civil law institution regulated by the provisions of Article 3051 . 3054 of the Civil Code b) limitation of the ownership right or of perpetual usufruct of ownership, as a form of expropriation of a real property, regulated by public law provisions, including the Real Property Management Act, c) special claims pursuant to the provision of Article 231 § 2 of the Civil Code (failure to comply with limitation period)
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