Search Results (3)

The issue of legal easements is a relatively rarely discussed topic among the professional public, and yet, even today, legal easements create space for the development of smart cities. Legal easements are restrictions on property rights that arise directly from the law, which means that the possible disagreement of the owner of the property concerned is irrelevant. The aim of this scientific study is to provide, based on a study of legislation, case law, and professional and scientific articles, sufficient information on this legal institution, which has its basis in the Civil Code. The scientific study also examines in detail the issue of legal easements and their role in the context of sustainable land use and infrastructure development in smart cities. In the study, we test the stated hypothesis that “Legal easements, as a legal instrument, effectively promote sustainable land use and infrastructure development in smart cities by enabling the integration of renewable energy, eco-mobility and green infrastructure without negatively impacting property rights, thus contributing to reducing conflicts between private property and public interest”. We use a number of scientific methods of research to analyse the current legal situation and the possibilities for the application of legal easements in the context of smart cities, including legal analysis, the comparative method, the method of synthesis, deduction, and historical interpretation. In particular, the methods in question were used to examine, historically describe and compare the current legislation on easements and their use in the management of urban space and infrastructure. The main results of the research include a detailed overview of the current legal status of easements and their limitations, which affect the possibilities of their application in the conditions of smart cities. The results suggest that if easements are effectively implemented they can make a significant contribution to optimising space, regulating access to public services, and protecting natural resources. This tool has the potential to enhance the quality of life in cities and promote sustainable urbanism through adaptive planning and management of urban space. Full article

This article analyzes legal regulations concerning access to public waters. Public waters are surrounded by property belonging to various owners. The legal title to property is exercised throughout that property, but certain limitations apply to properties situated in the proximity of public waters. These limitations include the right to cross the property, and public access to water. The article discusses various legal restrictions that permit third parties to use land. The presence of legal limitations in the national information system was verified. Information on restrictions in land use considerably affect the owner’s right to property, which is why owners should be able to determine whether their property is encumbered by an easement. National information systems are currently being upgraded in Poland, and the availability of information on land use restrictions was analyzed in the existing databases. Full article

Transmission devices constitute a fundamental need. Moreover, the facilities introduce numerous restrictions on land, beginning with their actual permanent physical existence, through bans on construction and planting trees, to the possibility that the land is used by transmission companies (easement). In Poland, no legal provisions or coherent and uniform rules at the national level currently exist that would determine the range of execution of the easement right. This is confirmed by research performed by the authors. The first analysis covered legal acts as well as norms and technical guidelines for particular types of transmission infrastructure. The second study analysed was a survey conducted on a group of transmission companies representing different industries. The third study (supplementing the previous ones) concerned the analysis of two case studies in the scope of the discussed issue. The objective of this article was to develop a methodology for the determination of the scope of the easement right resulting from the existence of transmission devices on private land in Poland. The developed concept showed that the range should depend in particular on the type of land use in question. The model procedure proposed by the authors was developed in reference to environmental, social, and economic aspects, in accordance with the assumptions of sustainable land management. Full article