On 2 December 2025, the Constitutional Tribunal, in case file no. P 10/16, delivered a judgment of significant importance for judicial practice concerning the principles of protection of property rights to real estate. The judgment was issued following the Tribunal’s examination of legal questions regarding the acquisition by prescription of a land easement corresponding in content to a transmission easement by a transmission enterprise or the State Treasury.
The legal questions submitted to the Constitutional Tribunal were as follows:
“Is Article 292 in conjunction with Article 285 §§ 1 and 2 of the Act of 23 April 1964 – the Civil Code, understood in such a way that, prior to the entry into force of Articles 305¹–305⁴ of the Civil Code, it allowed the acquisition by prescription of a land easement corresponding in content to a transmission easement by a transmission enterprise or the State Treasury, in a situation where no decision was issued on the basis of Article 35(1) of the Act of 12 March 1958 on the principles and procedure of expropriation of real estate, Article 70(1) of the Act of 29 April 1985 on land management and expropriation of real estate, or Article 124(1) of the Act of 21 August 1997 on real estate management, compatible with Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms and with Articles 2, 21(1) and (2), 31(2) and (3), and 64(2) and (3) of the Constitution?”
In the above-mentioned judgment, the Constitutional Tribunal gave a negative answer. The Tribunal held that the acquisition by prescription of an easement under such conditions is inadmissible, as it is inconsistent with the constitutional principle of protection of property.
The background of the submitted questions—combined for joint consideration—was the established line of case law under which a land easement corresponding in content to a transmission easement was created, although the transmission easement itself was introduced into the Civil Code only on 3 August 2008 by virtue of the Act of 30 May 2008 amending the Civil Code and certain other acts.
The Constitutional Tribunal found that granting a land easement with content exceeding the limits of the prerequisites strictly defined by the legislator for the existence of this type of limited property right violates the fundamental principle of the closed catalogue of limited property rights. This finding affects the assessment of the challenged norm in a second, constitutional aspect, which constituted the main motive for the proceedings before the Tribunal. Furthermore, the Tribunal pointed out that provisions limiting ownership, due to the requirement of special protection of this right, must be interpreted strictly, and that the establishment of a land easement corresponding in content to a transmission easement lacks statutory basis.
As a consequence of the judgment, the acquisition by prescription of real estate under the circumstances described above will no longer be possible, and in cases concluded by a final judgment, it will be possible to reopen the proceedings.
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