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Pillar - is it sufficiently visible?

In the order of September 13, 2017. The SN decided that it was possible to acquire the land easement by using a transmission device that is underground and invisible (file number IV CSK 623/16).

According to art. 292 k.c. the land easement can only be acquired by occlusion only if it involves the use of a permanent and visible device.

However, the SN notes that the law does not use the concept of terrestrial but visible device. So the device does not need to be visible on the ground, and it is enough to be marked in the geodetic documentation so that the owner can learn about its existence from maps and documentation.

Consequently, underground facilities can also be acquired when their elements are not on the ground, but are shown on maps.

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