Utility Easements in Poland: Pylons, Pipes and Cables on Your Land

Bought a plot in Poland and only later noticed a power pylon, gas pipe or water main running across it that nobody warned you about? Or have you lived next to utility infrastructure for years without anyone ever asking your consent or offering compensation? This is one of the most common problems facing landowners in Poland — and while it's understandably frustrating, Polish law has a specific mechanism for regulating this situation: the utility easement, known in Polish as służebność przesyłu.

This guide is general legal information, not legal advice. We do not guarantee any particular outcome or level of compensation in any individual case. Whether your land actually requires a utility easement, and what compensation might be due, depends on the documentation, the history of the infrastructure and the specific circumstances of your property. The matter should be assessed by a qualified Polish lawyer. This area is governed by the Polish Civil Code (Kodeks cywilny, full text at isap.sejm.gov.pl); how it applies to your situation should be confirmed by a lawyer. Twoja Sprawa is an information and coordination platform (not a law firm) — it helps you organise the documents and correspondence for that assessment.

Key points

• A utility easement gives a utility company (electricity, gas, water or telecoms provider) the right to use a defined part of someone else's land in connection with operating and maintaining utility infrastructure.
• The owner of the burdened land may be entitled to compensation for the establishment of such an easement — the amount depends on the circumstances and usually requires a valuation.
• An easement can be established by agreement (typically via a notarial deed — an akt notarialny, i.e. a deed drawn up by a civil-law notary, a notariusz, whose role differs from a UK notary public) or, where the utility company refuses to agree, through court proceedings.
• If infrastructure has been using your land with no legal basis at all, you may be able to claim compensation for so-called unauthorised use of land (bezumowne korzystanie z nieruchomości) — this is a separate issue from establishing the easement itself and requires analysis of the documentation and the history of the infrastructure.
• Long-term use of utility infrastructure without objection from the owner can be legally complicated and may affect your claims — this requires an individual assessment by a lawyer, not general conclusions from the internet.
• Before taking any legal steps, it is worth establishing who actually owns or operates the infrastructure (the utility company may differ from the one named on your meter or bill) and gathering your property documentation.

What a utility easement is and who it affects

A utility easement (służebność przesyłu) is a civil-law mechanism designed for situations where infrastructure belonging to a company supplying electricity, gas, water, heating or telecommunications runs across privately owned land. In practice this most often means overhead or underground power lines and pylons, gas, water or sewage pipelines, telecoms cables, and other equipment used for the transmission or distribution of utilities.

The mere presence of such infrastructure on a plot is not unlawful in itself — networks have to run somewhere, and much of it was installed before the current owners bought the land. The problem arises when the use of the land has no properly regulated legal basis, or when the owner has never received compensation for the restriction on the use of their own property.

How a utility easement is established — by agreement or through the courts

In practice, there are two main routes to regularising the situation:

1. An agreement between the landowner and the utility company — usually in the form of a notarial deed (akt notarialny), setting out the scope of use of the land and the compensation payable.
2. Court-established easement — where the utility company refuses to agree, the landowner (or the company) can apply to the court to have an easement established in return for compensation.

Whichever route is used, the key issue is compensation for the establishment of the easement — this is usually what's actually disputed between the landowner and the company. The amount is generally set by reference to the degree of restriction on the use of the land and the area occupied by the infrastructure and its protective strip. In practice, working out this figure usually requires an independent expert valuation — the parties rarely agree on an amount without one.

Compensation for unauthorised use of land by a utility company

Separate from establishing an easement for the future is the period during which infrastructure has already been using your land, before any agreement or court decision regularised the situation. In that case, the landowner may be able to claim compensation for the past, unauthorised use of their land (bezumowne korzystanie z nieruchomości).

This claim is different from compensation for establishing the easement itself — it looks backwards, not forwards. In practice it usually requires demonstrating:

• that the infrastructure is (or was) actually present on the land with no properly regulated legal basis,
• how long that use lasted,
• what the market value of that use would have been over the relevant period — which usually requires an expert appraiser's opinion.

The time limit within which such compensation can be claimed, and how it is calculated, is an issue that needs to be assessed by a lawyer in your specific case — general information found online may not match your situation, particularly where the infrastructure has been in place for many years.

Long-term use of infrastructure — why this is a complicated area

Many owners of plots where utility infrastructure has stood for decades wonder whether the passage of time still matters for their rights. This is one of the more complex areas of this field of law — the effect of long-term use of someone else's land on the owner's entitlements is often disputed and requires analysis of the specific facts, including documentation on when the infrastructure was first installed. Don't assume either that "nothing can be done any more" or that "compensation is definitely due for the whole period" — the correct assessment depends on the documents and circumstances of the specific case.

What to do if there is utility infrastructure on your plot

1. Check the land and mortgage register (księga wieczysta) — look in the section on encumbrances for an entry recording a utility easement in favour of a specific company.
2. Establish who actually owns the infrastructure — the name on your utility bill doesn't always match the entity responsible for the physical infrastructure.
3. Gather your property documentation — the purchase deed, maps, any earlier agreements or correspondence with the utility company.
4. Check whether you have ever received compensation — a one-off or recurring payment — for the presence of the infrastructure on your land.
5. Contact the utility company in writing, asking about the legal basis for its use of your land.
6. Consult a lawyer and an appraiser before taking further steps — establishing the compensation figure usually requires a professional valuation.

Frequently asked questions

Can I remove a power pylon or pipes from my land?

It depends on the legal basis on which the infrastructure is there, and on whether relocating it is technically and legally possible. Removing or damaging the infrastructure yourself can carry serious consequences — any decision about relocating infrastructure should be discussed with a lawyer and with the utility company.

Does the utility company have to pay me, given the infrastructure is on my land?

You may be entitled to compensation — both for establishing an easement going forward and, in some situations, for past unauthorised use of the land. Whether such a claim exists and how much it's worth depends on the specific circumstances and usually requires assessment by a lawyer plus a valuation by an appraiser.

What if the utility company refuses to talk or doesn't reply to letters?

Once attempts at an amicable resolution have been exhausted, you can consider going to court — either an application for a court-established easement with compensation, or a claim for compensation for unauthorised use. Choosing the right route and preparing the paperwork is a job for a lawyer who can assess your documentation.

If I'm buying a plot with utility infrastructure on it, is there anything I should look into?

Yes — before buying, check the land and mortgage register for any registered utility easements, and ask the seller whether they ever received compensation from the utility company. The absence of such an agreement doesn't have to be a dealbreaker, but it's worth knowing before you decide.

Need help with this?

If there's utility infrastructure on your plot in Poland and you're not sure whether you're entitled to compensation, Twoja Sprawa can help you organise the documentation and correspondence with the utility company before the matter is passed to a lawyer. See also our related guides:

• Right of way easement — how to establish it when a plot has no access
• Boundary disputes — land boundary determination step by step
• Unlawful occupation of land — protection of possession and vindication claims

Tell us about your situation — we'll take a free look: let us know since when the infrastructure has been on your land, whether you have any agreement or correspondence with the utility company, and what property documents you hold. Submitting the form does not create any contract.