Power line easement (right to build and operate energy equipment)

A power line easement is a servitude under which the owner of a plot or building must tolerate energy equipment on the property, such as a pole, cable, transformer station or gas pipeline, together with its operation and maintenance. It appears in part C of the title sheet (LV), often worded as „věcné břemeno zřizování a provozování vedení“ (easement to build and operate a line), with a distributor such as ČEZ Distribuce, EG.D or PREdistribuce as the beneficiary. Easements in general are covered under easement.

Why the easement exists

The Czech Energy Act gives a distribution system operator the right to build and operate distribution equipment on other people's property, to cross it with conductors and to lay lines in it (Section 25(3)(e)). It also requires the operator to create an easement for this by contract with the owner for a one-off payment equal to the price under the valuation rules, unless agreed otherwise. If the owner is unknown, unreachable or no agreement is reached, the expropriation authority may create the easement by decision under statutory conditions (Section 25(4)). Similar rules apply to gas equipment and heat distribution.

What the easement involves

• tolerating the equipment on the plot and its operation,
• letting the distributor enter and drive onto the land to build, renew and operate the equipment (Section 25(3)(f)),
• tolerating removal or pruning of trees and vegetation that endanger the line if the owner does not do it after notice (letter g),
• the area on the plot is usually defined by a survey plan; the exact content of the right is in the contract held in the land register's collection of deeds.

Easement and protection zone

Around the line a protection zone also applies, which arises by law, not by entry in the land register. It restricts buildings and planting even outside the strip defined for the easement. When an easement is created, the extent of the protection and safety zone is not taken into account (Section 96(13) of the Energy Act).

Frequently asked questions

What does a ČEZ easement on the title sheet mean?

That ČEZ Distribuce equipment stands on or under the plot, most often an overhead or underground line or a transformer station, and the owner must tolerate it. The easement does not end with a sale and passes to every new owner. The exact route is shown by the survey plan attached to the deed and by the statement on existing networks.

A line crosses the plot but there is no easement on the title sheet. Why?

For older lines, rights over other people's land arose directly by law. Under the Electrification Act No. 79/1957 Coll., for example, they arose with the building permit and were not entered in the land books. The Energy Act preserves such rights (Section 98(4)), and whoever acquires the property also takes over the corresponding duties (Section 96(11)). A missing entry therefore does not mean the line has no right to be there.

Can the line be relocated?

Yes. The system operator carries out the relocation at the cost of whoever caused the need for it, unless agreed otherwise (Section 47 of the Energy Act for electricity, Section 70 for gas). The costs may only include what is strictly necessary, and ownership of the equipment does not change.