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II Ca 923/13 AI generated

Court establishes necessary easement route and adjusts compensation amounts based on expert survey findings.

Case Number II Ca 923/13
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Court of Appeal modified the lower court's decision to establish a necessary easement by selecting a specific route variant and recalculating compensation amounts. The court rejected historical arguments regarding land consolidation, ruling that the current road usage and expert survey data dictated the path. Consequently, the appeal was partially allowed regarding the route selection and compensation figures, while further appeals were dismissed.

Legislator headnote

AI generated

Ustawa o kosztach sądowych w sprawach cywilnych; Kodeks postępowania cywilnego: When establishing a necessary easement, the court must select the route causing least disturbance based on expert evidence, and compensation adjustments are valid if the chosen path differs from the initial proposal due to factual findings.

Keywords

AI generated
necessary easement land consolidation compensation adjustment expert survey route selection civil procedure land surveying

Cited Legislation

AI generated
art. 35 of the Law on Geodesy and Cartography
art. 386 § 1 of the Code of Civil Procedure
art. 13 § 2 of the Code of Civil Procedure
art. 385 of the Code of Civil Procedure
art. 520 § 1 of the Code of Civil Procedure
art. 113 of the Act on Court Costs in Civil Matters
art. 520 § 1 k.p.c
art. 299 k.p.c
art. 177 k.p.c
art. 233 k.p.c

Cited Case Law

AI generated
II CSK 369/09
Supreme Court dismisses appeal on housing fund claim, ruling membership status prevents capitalization of housing deposit.
IV CK 398/02
III CRN 125/74

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