We are pleased to announce that Dr. Georg Rihs has published an article in the professional journal Recht der Umwelt (RdU) on the subject of pipeline rights and easements of (electricity) network operators (link).
The article deals with the legal basis for the use of third-party land by electricity grid operators. In the past, network operators have often based their claims on the fact that they are “obvious easements” (lines, pylons) on the land of others. However, such easements are only granted to a specific person who exercises them. A legal succession or a change on the part of the electricity grid operator may lead to the expiry of this easement.
Case law also supports the assumption that private-law line rights/obligations do not automatically pass to a legal successor.
Landowners whose land is encumbered by lines can question the legality of the network operators’ line rights on their land.
Please feel free to contact us if you have any questions about third-party pipeline rights on your land!