Legislator Case Law & Legislation
XII C 792/14 AI generated

Court partially allowed claim for compensation for unauthorized water pipeline use on private land.

Case Number XII C 792/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court partially granted the plaintiff's claim for compensation regarding the unauthorized installation of a water pipeline on his property. The defendant argued that the plaintiff failed to prove the claimed amount and that the claim was time-barred, while the plaintiff relied on expert valuation adjusted for the specific period sought. The court accepted the expert's valuation but reduced the award by deducting the portion covering the pre-litigation period that had already expired due to the statute of limitations.

Legislator headnote

AI generated

Art. 667 k.c.; Art. 481 k.c.; Art. 100 k.p.c.: The court established that compensation for the unauthorized use of land must be based on market rental rates adjusted for the degree of interference with property rights, while interest accrues from the day following the formal request for mediation, and costs are allocated proportionally based on the success of the claim.

Keywords

AI generated
unauthorized land use compensation for servitude statute of limitations expert valuation proportional costs water pipeline property rights interference

Cited Legislation

AI generated
Art. 667 k.c.
Art. 481 k.c.
Art. 100 k.p.c.
art. 352 § 2 k.c
art. 224 § 2 k.c
art. 6 k.c
art. 222 § 2 k.c
art. 118 k.c
art. 229 k.c
art. 123 § 1 pkt 1 k.c

Cited Case Law

AI generated

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