The Court shared the Law Firm’s arguments regarding the good faith of a transmission entrepreneur

On 11 October 2021, the District Court dismissed the Municipality’s motion for the establishment of an easement of transmission for consideration against the Law Firm’s Client – a transmission company. It accepted the plea raised on behalf of the Client of usucaption of a land easement corresponding to the content of a transmission easement (or transmission easement).

In its arguments, the Law Firm pointed to the fact that an underground transmission line had been constructed on the plot of land owned by the Municipality in 1990, i.e., before the so-called uniformity of State ownership ceased to exist. The Municipality questioned the good faith of the entrepreneur, also arguing that it was impossible to acquire by way of usucaption a land easement corresponding to the contents of a transmission easement before 3 August 2008, when the institution of the transmission easement was introduced to the Civil Code.

Ultimately, the Court agreed that by operating the line for many years without any objections from the Municipality, the transmission entrepreneur acted in good faith. Consequently, as the 20-year period had elapsed, usucaption has occurred, and therefore the Municipality’s claim was without merit.

The ruling in question is the first to share the Law Firm’s arguments raised in a number of cases brought by the Municipality. At present, hundreds of cases are pending before the District Court which issued the judgment decision concerning the establishment of an easement of transmission on the Municipality’s property in which lawyers of the Law Firm act as the entrepreneur’s attorneys.

Litigation concerning transmission easement on behalf of the energy company is conducted by a team of lawyers: barrister Anna Marcinak, attorney-at-law Małgorzata Łobocka-Szok, barrister Natalia Rakocy, attorney-at-law Marcin Rożynek, attorney-at-law Michał Twardowski and attorney-at-law Joanna Zielińska.