Open AccessThe premise for the acquisition by acquisitive prescription of a road easement in the form of the existence of a permanent and visible device.
Author(s) -
Jacek Grela
Publication year - 2021
Publication title -
nieruchomości@
Language(s) - English
Resource type - Journals
eISSN - 2719-8030
pISSN - 2657-8247
DOI - 10.5604/01.3001.0015.5426
Subject(s) - easement , premise , point (geometry) , institution , medical prescription , law , law and economics , civil code , business , political science , sociology , epistemology , medicine , philosophy , mathematics , geometry , pharmacology
The institution of acquisition of land easement by acquisitive prescription has been widely discussed in recent years both in the science of law and in judicature. The statements generally concerned the broadly understood issues of land easements with the content corresponding to the transmission easement. Despite these numerous positions, it turned out that there were still several issues related to the interpretation of Art. 292 of the Civil Code causes a lot of controversy. The article attempts to explain one of them. The point is to examine whether the premise of the use of a permanent and visible device also requires a preliminary determination of the group of people who made this device. The conducted analysis leads to the conclusion that from the point of view of the premises of usucapion of the easement, it is indifferent to who erected the permanent and visible devices.