Easement
A limited property right burdening one plot of land (or, in personal form, benefiting a specific person) for the benefit of another plot or person — most commonly a right of way, recorded in Section III of the land and mortgage register.
Applies to Poland.
Definition
An easement (służebność) is governed by Article 285 and following of the Civil Code. The most common form is an appurtenant easement (służebność gruntowa), which burdens one plot — the servient estate — for the benefit of another plot — the dominant estate — for example, a right of way across a neighboring parcel to reach a public road.
A personal easement (służebność osobista) instead benefits a specific named individual rather than the owner of another plot. A common example is a lifetime right of residence (służebność mieszkania) granted to a former owner or family member after a property is sold — this specific variant has its own dedicated residential easement glossary entry covering it in more depth.
Easements are entered in Section III of the land and mortgage register and bind the property regardless of who subsequently owns it — a buyer acquires the property together with any existing easement, which is why checking Section III before making an offer is critical.
When a plot has no adequate access to a public road, its owner is not left without options: under Article 145 of the Civil Code, they can apply to the court for a necessary road (droga konieczna) — a court-ordered right-of-way easement across a neighboring plot, granted against compensation to the neighboring owner if the parties cannot agree on one voluntarily. This is exactly the situation in the landlocked-plot example below; "droga konieczna" refers to the court procedure used to establish that kind of right-of-way easement when negotiation fails.
Examples
A landlocked plot has a right-of-way easement across the neighboring parcel, recorded in Section III of both properties' registers, allowing access to the public road.
An elderly seller transfers ownership of their house to their daughter but retains a personal easement giving them a lifetime right to live in one room.
A buyer discovers during due diligence that the plot they're interested in carries a right-of-way easement in favor of a neighboring farm, and factors this into their offer.
How this affects buying and selling
Because an easement binds the property itself rather than a particular owner, a buyer cannot simply ignore one discovered in the register — it survives the sale regardless of what the purchase agreement says. Sellers benefit from disclosing known easements upfront, since a buyer who finds one only after signing a preliminary agreement will likely renegotiate or walk away.
