A condition which determines the location of technical infrastructure is an entrepreneur holding the right to use the property for construction purposes. Currently, there are parallel separate legal forms allowing the use of a real property for the purpose of locating transmission lines, i.e. transmission easement (right-of-way) established under the civil law and expropriation by limiting the rights to a property under the administrative law. The aim of the study is to compare these forms conferring the right to use real properties and to analyze the related surveying and legal problems occurring in practice. The research thesis of the article is ascertainment that the current legal provisions for establishing legal titles to a property in order to locate transmission lines need to be amended. The conducted study regarded legal conditions, extent of expropriation and granting right- of-way in the city of Krakow, as well as the problems associated with the ambiguous wording of the legal regulations. Part of the research was devoted to the form of rights to land in order to carry out similar projects in some European countries (France, Czech Republic, Germany, Sweden). The justification for the analysis of these issues is dictated by the scale of practical use of the aforementioned forms of rights to land in order to locate technical infrastructure. Over the period of 2011-2014, 651 agreements were concluded on granting transmission right-of-way for 967 cadastral parcels owned by the city of Krakow, and 105 expropriation decisions were issued, limiting the use of real properties in Krakow.

Backlogs of transmission facilities (pipelines, power lines, media networks) on third – party property require regulation. This applies to both existing infrastructure and that which remains in the design phase. Drawing on literature, legislation, and practical knowledge, the article’s authors combined statutory definitions and court interpretations with industry guidelines. The transmission easement term was introduced to the Polish law the Civil Code (Act of 2008). The issue of transmission easement, and especially the rules for defining the scope of encumbrances, areas of influence the facilities have on the real estate, and the remuneration related to that, are complex issues that are worthy of being analysed more closely. The analysis of judical decisions and practical vocational experience have allowed for determining the scope of rights and obligations related to the easement laws. It is the intent of the authors of this article for its contents to clarify the transmission easement term and to draw attention to associated issues. We focus on showcasing the transmission easement issue law-wise, with aid of e.g. rulings of Polish common courts, by highlighting the defectiveness and incompleteness of regulations. It is meant as a basis for initiating detailed studies aimed at determining solutions to specific problems.