Analyzing a recent decision of the Supreme Court of Cassation of 23.09.2021, this article examines the main characteristics of the legal (quasi-personal) easement established in Art. 64 of the Energy Act (“EA”). The easement arises by virtue of the law, without the need for the conclusion of any contract, in the presence of the following prerequisites:
- a detailed zoning plan came into force.
- paid by the holder of the easement one-time compensation under in favor of the owner and the holders of other real rights over the affected property.
According to the law, the type and location of the energy sites and the areas of the service properties, included in the boundaries of the easements, are determined in general and detailed development plans. An integral part of the development plans are the specialized schemes, containing information about the type, size and characteristics of the elements of the technical infrastructure. The entry of the easement in the property register is based on graphic and textual materials containing information about the networks and facilities of the technical infrastructure and their easement strips, which are prepared to the Development and Regulation Plan.
On this basis, in the said decision the Supreme Court of Cassation concluded that in case of transfer of technical infrastructure facilities to an energy company, easement rights will arise in its favor by law, without the need for a contract if the prerequisites under Art. 64 of the EA are met. These easements are subject to registration in the cadastre as “restricted areas on land properties”.