An agreement creating an easement — what must it contain under Slovak law? An overview of the requirements, cadastral conditions and the most common mistakes from a lawyer's practice.
An easement-creation agreement must be drawn up in accordance with the provisions of the Slovak Civil Code and the requirements of the cadastral regulations. It may be prepared as a stand-alone document or as part of an agreement transferring the property (a flat or non-residential premises) over which the easement is being created.
An easement is created above all by the owner of the property as the burdened party. It may also be created by a lawful possessor or by other entities defined by law. In the case of a natural person, the agreement states in particular: first name and surname, birth surname, date of birth, birth number or other identifier, permanent residence address, and, for a foreign national without permanent residence in Slovakia, also a delivery address in Slovakia and their nationality. In the case of a legal entity, the agreement states in particular: business name, registered office, company ID number (IČO) and a delivery address if different from the registered office.
An easement-creation agreement must contain the property data in the following scope: cadastral district, parcel number, designation of the land as a register "C" or register "E" parcel, land type, land area, and the number of the title deed (list vlastníctva). Where the legal relationship concerns a building (e.g. a right to build or an easement tied to a building), also the building's registration number and the parcel number of the land on which the building stands. If the property is co-owned by several owners, the share expressed as a fraction of the whole is also stated. 👉
An easement-creation agreement must define with sufficient certainty the content of the easement (what right is being created) and its scope (how and to what extent it is exercised). The content and scope of the easement include in particular: the specification of the particular right (e.g. a right of way on foot, a right of vehicular passage, a right of lifelong use, the laying of utility lines, a right of water drainage, a right to build, and others), the manner of its exercise (e.g. on foot, by motor vehicle, including the specification of vehicle types – passenger cars, lorries, tractors and other machinery; or the definition of the class of entitled persons where the easement is created in favour of specific persons, and the route along which the right is exercised) and any restrictions or conditions on its exercise (e.g. time restrictions, no machinery, no commercial use, an obligation to close the gate, to contribute to the maintenance of a barrier, and others).
An easement-creation agreement may be for consideration or free of charge. The consideration may take the form of a one-off payment or recurring payments under an agreed regime. A gratuitous agreement requires no financial payment from the beneficiary of the easement.
An easement may be created for a fixed term, for an indefinite term, or for the lifetime of the beneficiary. For a fixed term, the agreement must precisely determine the moment of its creation and expiry. For an indefinite term, the easement lasts without any time limit. The agreement may regulate the conditions of its termination, in particular notice of termination, including the notice period and its form. An easement created for the lifetime of the beneficiary expires upon their death.
Rights corresponding to easements under the Slovak Civil Code may be either attached to the ownership of a particular property or tied to a specific person. The parties to the legal relationship are the party burdened by the easement, i.e. the owner of the burdened property (a natural person, a legal entity or the state), and the beneficiary of the easement, i.e. the party in whose favour the easement is created. The burdened party is restricted in the exercise of their ownership right, but not in the right to dispose of the property.
An easement in rem is attached to the ownership of a particular property. This means that the entitlement under the easement passes to every subsequent owner of that property. Its purpose is to enable better use of the benefiting property through the use of another's property. Typical examples are a right of way on foot or by vehicle across a neighbouring parcel, or a right to run utility lines.
An easement in personam is tied to a specific person (natural or legal). This right does not pass to legal successors and is tied to the existence of the entitled person. For a natural person, it generally expires upon their death. It serves to meet the needs of an individually determined person. In practice, this is mainly the right of lifelong residence in a house or flat, or a right to care and support.
The distinction between easements in rem and in personam is fundamental, because it determines whether the right passes to subsequent owners of the property or expires together with the entitled person.
For an easement-creation agreement to be eligible for registration in the Land Registry (kataster), it must also meet further requirements under the Cadastral Act.
Above all, the agreement must be in written form. Only an agreement drawn up in the state language, in Czech, or in an officially certified translation is eligible for registration of the right in the Land Registry, and it must not contain errors in writing or calculation or other obvious inaccuracies. Failure to observe the written form renders the legal act invalid under the Slovak Civil Code.
Another essential requirement is the official certification of the signature of the party burdened by the easement. If a party to the agreement is represented, the signature on the power of attorney must be certified as well. This obligation does not apply, for example, where the agreement is drawn up in the form of a notarial deed or authorised by a lawyer, or where the party is a designated public institution.
Meeting these formal requirements is essential for successful registration in the Land Registry; failure to meet them generally leads to the proceedings being suspended or the application for registration being rejected.
Under the Cadastral Act, the right corresponding to the easement arises only upon registration in the Land Registry. The agreement alone is therefore not enough – it has only obligational effects between the contracting parties. The easement arises only when the decision approving the registration becomes final, and that decision becomes final on the day it is issued. No appeal or other ordinary remedy is available against a decision approving registration.
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