This article clarifies the legal rules on entering another person's (a neighbour's) land for the purpose of maintaining or managing one's own property under § 127(3) of the Slovak Civil Code. It stresses that this right is not unlimited – entry is permitted only for the time and to the extent strictly necessary. Maintenance and management cover, for example, repairs to a façade or roof and the replacement of windows, but also tending greenery and harvesting crops. The right of entry extends to persons authorised by the owner (for example tradesmen). In these cases the law imposes absolute strict liability for damage, meaning that any damage caused by the entry (for example a damaged lawn or paving) must be compensated regardless of fault. If the neighbour refuses access despite the statutory duty, the only remedy is to bring an action before the court.
Do you need to carry out essential maintenance on your house, but it is technically impossible without entering the neighbouring land? Or is your neighbour demanding access to your yard to repair their façade or roof, and you are not sure whether you are obliged to allow it?
Neighbour relations can be complicated, and the question of access to another person's land is one of the most frequent causes of disputes. The Slovak Civil Code, however, lays down clear rules on this matter, which protect the owner of the land while at the same time allowing the neighbour to carry out the necessary work on their property.
Beyond contractual arrangements and written consents, there is also a duty imposed directly by statute (also described as a statutory easement). Under § 127(3) of the Slovak Civil Code, the owners of neighbouring plots are obliged to allow entry onto their land, or onto the buildings standing on it, where this is strictly required for:
The law also sets strict limits: this entry is permitted . If damage is caused to the land or to a building in the process, the person who caused it is obliged to compensate it and cannot escape this liability.
The right of entry is not unlimited. The law permits it only where it is genuinely needed. By "maintenance" and "management" we mean in particular:
It is important to know that it is not only you who may enter. The law also entitles persons you have authorised to carry out the work (e.g. tradesmen) to enter.
In these disputes, judicial practice often lays down precise rules so that the neighbour's right of ownership is not disproportionately restricted:
The law imposes absolute strict liability for damage. This means that if, in the course of maintenance or management, you cause any damage on your neighbour's land (e.g. you damage the lawn, fence or paving), you are obliged to compensate it in full. No fault is required here – liability arises automatically from the causal connection with the entry.
What can you do if your neighbour refuses to allow access despite the statutory duty? In that case there is no option but to apply to the court for an order requiring them to tolerate entry onto the land. A final court judgment then serves as an enforcement title by which the right of entry can be enforced if the resistance continues.
Do you need advice on structuring your neighbour relations, or is your neighbour unlawfully restricting your access to your property?
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