On 13 January 2022 The Supreme Court in the Civil Chamber in the case under the reference III CZP 14/22 adopted a resolution concerning the legal existence of land property in the situation of division and subsequent consolidation of real property.
According to the resolution, after the division of the real estate with the owner and subsequent consolidation of the part thus separated with another real estate which does not have the status of the real estate with the owner, the easement extends to the entire resulting real estate.
The resolution concerns the interpretation of Civil Code Art. 290 § 1, according to which in the event of a division of the ruler’s property, the easement is maintained for the benefit of each part created by the division. This interpretation has given rise to doubts in the context of divisions of the real estate to which the power of attorney is vested and possible unjustified extension of the power of attorney vested in its owner to other, previously unencumbered real estate. However, the Supreme Court decided that sufficient protection for the owner of the encumbered real property is provided by the right to demand the easement to be terminated if it does not increase the usefulness of the part of the real property which has been divided.