Transmission Easements

GJW Gramza i Wspólnicy provides comprehensive legal assistance in court disputes concerning transmission easements and in disputes related to the location of transmission infrastructure on third-party real estate, including power lines, gas pipelines, district heating networks, water supply and sewage infrastructure, and telecommunications infrastructure. In particular, we handle cases concerning the establishment of transmission easements, claims for remuneration for transmission easements, and claims related to the use of real estate without legal title. We represent both transmission and distribution undertakings and landowners at all stages of amicable negotiations and in disputes before the common courts.

We support clients in situations requiring reliable legal analysis, identification of the proper claim, and effective protection of their financial interests. These cases require a strategic approach and work based on maps, surveying data, and technical documentation, as well as evidence concerning the dates of installation and operation of the infrastructure, the extent of interference with the property, and the possibilities for its use.

Scope of our services – support for transmission undertakings

We advise network operators on safely and lawfully regulating legal titles to land, minimising financial risk and protecting the operational continuity of the undertaking.

This includes in particular:

• conducting court proceedings for the judicial establishment of a transmission easement for appropriate remuneration, including precise determination of the course of the easement strip and the content of the rights granted,
• representation in cases concerning payment for use of real estate without legal title and in disputes over the establishment of easements, including challenging the valuation methodology, the scope of the easement strip, and the area affected by restrictions,
• defence against claims seeking removal or relocation of strategic transmission infrastructure, as well as support in disputes concerning access to real estate for operation, maintenance, and emergency repairs,
• support in proceedings concerning adverse possession of transmission easements, including analysis of legal status, continuity, and the date when possession commenced,
• analysis and challenge of valuation reports prepared by court-appointed property valuation experts,
• conduct of evidentiary proceedings involving experts, including surveyors, property valuers, and industry specialists, including the formulation of instructions and objections to expert opinions.

Scope of our services – protection of landowners

For landowners, we provide professional legal protection where their rights have been infringed, helping them assess the legality of the infrastructure’s placement and pursue the claims available to them, including:

• pursuing appropriate remuneration for the establishment of a transmission easement, including conducting disputes over the course of the easement strip and the extent of restrictions on the use of the property,
• pursuing remuneration for transmission easements relating to electricity lines, including analysis of the impact of the infrastructure on the value of the property and the extent of limitations on its use,
• preparation of claims and pursuit of compensation for use of land without legal title, including determination of the relevant period, the amount, and the legal basis of the claim,
• pursuing compensation for diminution in the value of the property and for restrictions on its development potential,
• representation in cases concerning the removal, relocation, or reconstruction of infrastructure where the interference exceeds the permissible scope or prevents reasonable use of the property,
• defence against applications by network operators asserting adverse possession of an easement, including demonstrating interruptions, lack of statutory prerequisites, or changes in the scope of use,
• support in proceedings involving experts, including preparation of materials such as maps, photographs, and the property history, as well as review of expert opinions in terms of the easement strip, impact zones, and valuation.

Our approach

We combine litigation experience with a practical understanding of the realities of the infrastructure sector. As a law firm specialising in transmission easement cases, we support undertakings and landowners in resolving complex infrastructure disputes. In disputes concerning transmission easements, it is crucial to determine the factual background precisely, including the location and history of the infrastructure, to define the claims properly, and to work consistently with the available evidence.

We focus on efficient identification of legal risks and selection of the optimal strategy. We analyse whether adverse possession of a transmission easement has occurred and, where appropriate, raise the defence of adverse possession in the proceedings. Our objective is to obtain a decision that definitively regularises the legal situation and limits the risk of further disputes concerning the same section of infrastructure, basing our work on close cooperation with experts, including property valuers and surveyors.