The role of a court expert in the field of geodesy in the establishment of an easement of way
 
 
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Department of Integrated Geodesy and Cartography, Faculty of Geo-Data Science, Geodesy and Environmental Engineering, AGH University of Krakow
 
These authors had equal contribution to this work
 
 
Submission date: 2025-08-13
 
 
Final revision date: 2025-09-09
 
 
Acceptance date: 2025-09-15
 
 
Publication date: 2025-11-26
 
 
Corresponding author
Kacper Zgórski   

Department of Integrated Geodesy and Cartography, AGH University of Krakow, Poland
 
 
Geomatics, Landmanagement and Landscape 2025;(3)
 
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ABSTRACT
According to Article 285 of the Civil Code [Ustawa 1964], a land servitude is a limited property right that encumbers a servient estate owned by another person, allowing the use of that estate to the extent specified by the type and content of the servitude in order to increase the utility of the dominant estate. A specific type of servitude is the easement of way (right of way). It is established by designating a passage leading to a public road through an adjacent property for the benefit of an estate lacking direct access to a public road or if such access is insufficient. This is a unique case because the owner of a property deprived of public road access is entitled to file a claim against neighboring property owners for the establishment of a right of way [Ustawa 1964]. The process of establishing an easement of way, despite its complexity, is becoming increasingly important in the context of residential construction development. Additionally, the constant evolution of judicial rulings in this area may facilitate future procedures. The primary objective of this article is to discuss the role and responsibility of a court-appointed expert in geodesy in proceedings related to the establishment of a right of way. The author highlights the time-consuming and complex nature of preparing expert opinions and examines whether pursuing the status of a court expert in this field is worthwhile, considering the remuneration for the work performed as well as the required knowledge and commitment.
ISSN:2300-1496
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