Registration of easements established for transmission companies– case study of Poland and Canada

Abstract

The construction of transmission infrastructure and its functioning imposes the obligation on transmission companies to have a legal title to land. Both in Poland and in Canada, the title particularly results from the established easements subject to registration in public information systems. Due to different historical, social, and economic conditions, the specificity of legal regulations and technical solutions related to the registration of rights to land property is different in both countries. This results from the functioning and the substantive scope of particular systems of information on land property. Such systems are regulated by independent, internal rules of each of the countries. In Poland, easement is subject to registration in the land and mortgage register. In Canada, a federation country, it depends on legal regulations of particular provinces. The research objective of the article is the analysis of the way of registration of easements established for transmission companies in Poland and in Canada in the Ontario and Quebec provinces. The analysis covers the scope of registration of the said right in systems of information on land property. The evaluation of the applied solutions particularly involves pointing out those which to the greatest extent guarantee the safety of land property turnover. The best result is obtained in Canada in the Ontario province.

Keywords

• easement
• transmission devices
• land property
• property rights
• information systems