Modes of real property disposal for the construction of technical infrastructure

key words: transmission facilities, transmission easement, regulate the legal status of the land

Summary:

Investments regarding the implementation of transmission facilities run linearly through a series of parcels of land, occupying a part of these properties - in many cases, they run underground or above it. Their location is determined by economic and social needs. Transmission facilities do not constitute elements of a real property if they are part of a company.
One of the conditions for obtaining a permit for the construction of these facilities by the entrepreneur is holding a transmission right to the land which was provided for the designed network.
The paper presents an analysis of the forms and methods of obtaining a title to the property for the purpose of the implementation of an investment in the scope of transmission facilities. The conducted research confirmed that today the most commonly used are two basic legal forms allowing the use of other people's property in order to run transmission facilities. One of them is transmission easement, introduced into the Civil Code in 2008. The second way is to limit the use of the real estate through administrative and legal proceedings, which is a special case of expropriation, and thus may relate only to public investments.
Surveying and legal documentation, necessary to establish transmission easement, has been specified as well.

The problem of legalization of the "legacy item", i.e. the cases where the facilities have already been built by transmission companies without the consent of the property owners or the perpetual users has been analyzed as well.
The source material included legal regulations, subject literature and the results of a research concerning the establishment of legal titles for the benefit of the Municipal Water and Sewerage Company on land owned by the Municipality of Krakow in order to:
• construct new water supply networks,
• regulate the legal status of the land occupied by the water supply networks, built in the past.

 

 

Citation:

Trembecka A. 2014, vol. 11. Modes of real property disposal for the construction of technical infrastructure. Infrastruktura i Ekologia Terenów Wiejskich. Nr 2014, vol. 11/ II (2 (Jun 2014))