The Supreme Court has recently adopted an important resolution concerning the prescription of the transportation easement and the claims related thereto (III CZP 77/16).
According to the resolution the owner of the servient property as a result of prescription shall not be entitled to claim remuneration for the use of the property for the period before the prescription. This decision is unfavorable for the owners of plots on which the transmission facilities are located. It means that they not only receive no remuneration for permanent load of their property, but also they lose possibility to obtain compensation for the time when the transmission company used their property without any legal title.
The resolution has been adopted in ordinary composition of three judges. It may be deemed as controversial, because it interferes in the nature of ownership and such decision has no express basis in the law. The Supreme Court has justified its decision with the aim of the prescription as arrangement of legal relations.
It cannot however be ruled out that such interpretation is not final and that it will be change by means of resolution adopted in extended composition.