Abstract
The subject of this paper is to assess whether cadastral offices are obliged to register statutory easements in the Land Register within the energy industry based on the participants' consensual declarations. Cadastral offices have recently refused to record such easements.
The author of this article disputes this approach. The consensual declaration is a private-law deed that meets all requirements for enrolment in the Land Register.
It is not factually correct to argue that the statutory easement should not be recorded in the Land Register due to the fact that it is just a public law restriction stemming directly from the law, since the statutory easement determining its scope has been created in accordance with an earlier law which is no longer in force at present. In addition, in the current Energy Act there is also an obligation to establish an easement allowing the use of somebody else's real estate in the heating industry, although the purpose and scope of the easement is already specified by the Energy Act.