Servitude of conveyance does not include control zones

In resolution of 11th December 2015, ref. no. III CZP 88/15 the Supreme Court answered for juridical question and stated that control zones, which are mentioned in § 10 of Regulation of Minister of Economy on technical conditions required for gas pipelines ant their localization, of 26th April 2013 (Journal of Laws, position 640), do not overlap with the scope of real estate’s encumbrance provided by a servitude of conveyance.

Control zones are specified for gas pipelines for the period of exploitation and in order to protect gas lines from a negative influence of surroundings. It is therefore forbidden to erect buildings there and supervise the nearby woods. Abovementioned resolution makes it impossible to recognize every time encumbrances linked to the control zones as the component of the content of the servitude of conveyance.    

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