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2008 Easement of transfer

On the 3 rd of August 2008 amendments to several resolutions and to the Civil Code came into force. New institution - easement of transfer is introduced. It regulates the problems of connecting the properties with appliances used for transfer of liquids, steam, gas, electric power and other similar devices.

Easement of transfer is established in favor of the company that is the owner of transfer devices or company that intends to build them. Establishment is made on basis of the agreement between a real-estate owner and a company, however, only a statement of a real-estate owner needs a form of a notarial deed. If the owner of a property refuses to establish the easement and later usage of a transfer devices turns out to be necessary a transfer company using court proceedings is entitled to demand its establishment against payment The easement itself can be established non-gratuitously or gratuitously and shall constitute a part of a company for which it is established. According to new regulations a company can use a property in scope necessary to maintain proper operation of transfer devices.

Easement of transfer, at the latest, shall expire on the day of winding-up of a company. After easement expiration company has an obligation to remove transfer devices that hinder usage of a property. If this causes excessive difficulties or costs the company is obliged to repair damage resulting from it.

To regulations of easement of transfer shall also apply land easement regulations.

Kancelaria Prawna 90-060 Łódź, ul. Nawrot 4/1, tel./fax +48 /42/ 630 58 41, tel. +48 /42/ 632 51 44, kancelaria@b2blegal.pl
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