On December 15, 2010 the first reading of the act on the amendment to the Civil Code took place in Sejm. The act is to introduce a wider scope of exceptions to the rule of connecting ownership of transmission equipment to the ownership right of land on which such equipment is placed.
Pursuant to the basic rule of the civil law, all buildings and other structures which are permanently connected to a real estate are owned by the owner of the real estate regardless of who has erected such equipment. Until now transmission equipment such as pipelines and electricity lines which have been connected with an enterprise (e.g. power plant) has been the only exception. Now also infrastructure connected with railway transport, tramways, telecommunication lines and other networks of a similar nature are to be included as exceptions.
The draft of the amendment is of significant importance for ownership relations within the scope of telecommunication or railway transport.
Contact person: Lech Gniady, lg@pnplaw.pl