Published: 2026-03-17

ADVERSE POSSESSION OF THE ROAD LANE OF A MUNICIPAL PUBLIC ROAD IN THE LIGHT OF COURT RULINGS

Monika Ziniewicz
Civitas et Lex
Section: Legal Sciences
https://doi.org/10.31648/cetl.11657

Abstract

The road lane of a public road serves a number of functions. Undoubtedly, it is the space in which the road is located. The remaining part of road lane is occupied by technical infrastructure and other facilities related to road safety. The right-of-way also constitutes a reserve necessary for the modernisation of public roads. It also serves as a means of communication for pedestrians and cyclists. It includes parking bays, entrances, exits and other structures not mentioned above that serve the economic maintenance of the road. The use of the road right-of-way often gives rise to proceedings for the acquisition of property by adverse possession, which will be the subject of this article. The subject of the article is the issue of adverse possession of the right-of-way of a municipal public road. The subject of this article is the issue of acquisitive prescription of the right-of-way of a municipal public road. The aim of the article is to determine whether granting a road the status of a public road excludes the possibility of acquisitive prescription of the right-of-way of that road. The considerations are made in the light of literature and case law. The background to the considerations are the issues of exclusion of public objects from acquisitive prescription, special legal regime, and administrative and legal supervision over the right-of-way.

Keywords:

public road, road lane, adverse possession

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Ziniewicz, M. (2026). ADVERSE POSSESSION OF THE ROAD LANE OF A MUNICIPAL PUBLIC ROAD IN THE LIGHT OF COURT RULINGS. Civitas Et Lex, 49(1), 41–54. https://doi.org/10.31648/cetl.11657

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