SMM LEGAL’S SUCCESS BEFORE SUPREME COURT

Patrycja Starczewska, an attorney from SMM Legal representing one of the major transfer operators, has won a case before the Supreme Court.

Last week the Supreme Court issued a prejudicial ruling answering the following question of law: Is a person whose property, that has become encumbered by an easement corresponding to a transfer easement as a result of usucaption, entitled to a claim for the fee for use of the property with respect to the easement for the period preceding the usucaption?

Having heard the case, the Supreme Court issued a ruling (III CZP 77/16) stating that: The owner of property encumbered with a transfer easement as a result of usucaption has no right to claim for the use of the property in the period preceding the usucaption, thereby agreeing with Ms. Starczewska’s own reasoning. This resolution is of key importance to transfer-related litigation, as it settles doubts that could have appeared in case law with respect to this issue.

The ruling is available at: http://www.sn.pl/sprawy/SitePages/zagadnienia_prawne.aspx?ItemID=842&ListName=Zagadnienia_prawne&Rok=2016

 

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