The energy pole on the plot can be not only a visual obstacle, but also a real limitation in plans to build new facilities. Real estate owners may consider applying for compensation, although they must have relevant documents. In some cases, the case may have its final in court.
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It is worth noting in advance that any compensation for power poles on the plot is only available with non -contractual use of the plot. As lawyer Grzegorz Szymczyk explains on his website, claiming compensation requires determining who owns the pole and energy lines.
In addition, it is crucial to prove that the use of the plot takes place non -contractual. “This means that no agreement on the basis of which the Energy Plant would be entitled to have columns and energy lines on the plot or established easement – ground or transmission.”
The owners of the property, on which the energy pole or persons who have inherited the property, can be applied for compensation. As explained by RynekPierwotny.pl, the consent to energy poles is required only from 1985. In determining whether there is no easement established on the plot, it will help check in the second department of the land and mortgage register.
Energy pole on the plot? Here's who can get compensation
If the documents it shows that the energy pole on the plot is erected in non -contractual, then ask for the establishment of land easement and a letter with a request for payment of compensation.
An important thing to pay attention to is the fact of limitation. As the lawyer Grzegorz Szymczyk explains, “an energy company can, by prescription, have easement if he uses a given plot for 30 years. In this case, compensation cannot be demanded.” In addition, if the possession of transmission devices is in good faith, then the transmission easement may occur after 20 years.
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It is also worth remembering that in a possible lawsuit you can demand compensation for the last 6 years before the date of the case to the court. In addition, in the case of real estate intended for business activity, this period is limited to 3 years.
The amount of potential compensation for the energy pole on the plot is conditioned from several factors. The decision will be taken into account primarily by the lease rent rate that the owner of the construction plot would receive. Except that – as explained by RynekPierwotny.pl – this applies only to “the part of the land on which the energy pole stands, over which the line and the land belt run on both sides of the line. The width of this belt depends on the voltage of the network.” During the appraiser's valuation, he also takes into account the classification of the soil and other conditions.
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Each of the decisions for compensation for the energy pole on the plot is to make individually for a particular case.
The owners of the property on which the energy pole is located also have another exit. It is the conclusion of a lasting agreement with the transmission plant in the form of establishing transmission easement. Instead of one -off compensation for the past years, the owner of the plot will not only regulate the presence of transmission infrastructure, but above all to ensure regular influence.
