Practical insights, legal updates and analysis from practice — by JUDr. Zuzana Vlková, PhD.
Have you been served with a draft redistribution plan in land consolidation proceedings and disagree with the parcels allocated to you? Learn how to formulate a substantive, legally reasoned objection based on the adequacy criteria and the principles for the placement of new plots, so that the district office does not dismiss it as unfounded.
Is land consolidation (pozemkové úpravy) being prepared in your municipality? Land consolidation proceedings standardly run through six consecutive stages. Read on to learn at which stage you need to check the data recorded in the Register of the Original State, what means are available to challenge an unfavourable draft allocation plan, and when, by law, the original lease relationships to the affected land are extinguished.
You are negotiating an important deal, investing in legal services and expert reports, and at the last minute the other party backs out without any relevant reason? Read how Slovak and Czech courts assess pre-contractual liability (culpa in contrahendo), when you are entitled to compensation for damage, and how to protect yourself with pre-contractual agreements.
Is your contractual partner refusing to collect their post? Learn how the "receipt theory" works, what the conditions of deemed service are, and what to avoid in contracts so that your legal act has full legal effect.
This article describes the last-resort legal solution to a problem neighbour in an apartment building – a court-ordered sale of the flat under § 11(5) of Slovak Act No. 182/1993 Coll. As this is a fundamental interference with the right of ownership, the courts treat it as ultima ratio (the last resort). The court may order the sale if the owner (or persons living with them) grossly damages the flat or common areas, persistently disturbs the peaceful occupation of others, endangers safety, breaches good morals, or ignores a previous court judgment. The process involves careful gathering of evidence, filing the action (which may be brought by the owners' association or by an individual owner acting alone), the court proceedings, and the forced sale of the flat itself in a voluntary auction, the proceeds of which – after deduction of costs and debts – go to the original owner. The author recommends documenting the situation in writing from the outset and coordinating with the building manager.
This article deals with neighbour relations and so-called nuisances (imisie) under § 127 of the Slovak Civil Code. It distinguishes direct nuisances (deliberately channelling effects onto another's land) and indirect nuisances (side effects of an activity such as noise, smoke, dust or odour). It explains that in assessing the unlawfulness of indirect nuisances, the court examines two independent criteria: disturbance beyond a level appropriate to local conditions (taking into account intensity, timing and locality) and serious jeopardy to the exercise of rights. As remedies it discusses preliminary protection by the municipality and a court action, but places primary emphasis on professional assessment, securing evidence and out-of-court settlement.
The kopanice region is famous for its unique landscape structure, yet from a land-registry perspective this beauty brings significant challenges. The fragmentation of land in Myjava is not a minor administrative detail but a deep historical imprint that today complicates every investment or sale. At the VLKOVÁ law firm, we know that understanding a plot's legal status is the first step towards its successful settlement and intended use — whether for permanent housing, recreation or farming.
This article provides a basic legal overview of how the Slovak Land Registry (kataster) categorises land and why understanding these data is key to any investment or construction plan. The author explains the structure of land-type codes and categories under the Cadastral Act and its implementing decree — from agricultural land, through forests, to water areas. She highlights the risks of a passive approach when buying and stresses that a buyer cannot rely on the formal entry in the Land Registry alone, but must verify the parcel's real legal potential against the municipality's planning regulations before signing the purchase contract.
This article serves as a practical step-by-step guide for owners who want to turn fragmented mini-shares into a consolidated, valuable asset without the court's assistance. The author describes in detail the law firm's entire workflow, from the initial identification of living, deceased and unknown owners, through tactical, emotion-free negotiation, to the technical coordination of surveying work on register "C" and register "E" parcels. The emphasis is on lifting the administrative burden from the client's shoulders and on the legal certainty provided by the lawyer's certification (autorizácia) of the final agreement immediately before its registration in the Land Registry.
This article examines the six most common complications owners encounter when attempting to consolidate or settle fragmented land in Slovakia. The author analyses legal obstacles such as inheritance proceedings after ancestors from the 19th century, communication with the Slovak Land Fund (SPF), and geodetic discrepancies between register "C" and register "E" parcels. The article also offers pragmatic, practice-oriented solutions.
Owning real estate with other people leads to conflict above all over financing repairs. This article examines why a majority owner cannot arbitrarily bypass the minority and what legal risks they face for doing so. You will learn the difference between a necessary repair and a luxury investment from the perspective of cost recovery and limitation periods. You will also find out how to properly assert your past investments in court when co-ownership is dissolved and settled. Finally, the author offers practical guidance on how to secure evidence in advance and protect your money.
Removal of an easement of lifetime use (residence) from the Land Registry (kataster). Find out how to remove a right of lifetime residence, which documents are required and how the removal proceeds.
Not sure how to obtain an access route to land or a building? We explain the legal options in Slovakia — from an easement to a court solution and a practical step-by-step procedure.
Can a co-owner create an easement (for example an easement of lifetime residence) over property of which they themselves own a share?
This article identifies the 12 most common mistakes made when buying land. The author examines the risks associated with purchasing agricultural land, gardens outside the built-up area of a municipality, forests and protected areas (Natura 2000), where nature conservation takes precedence. She also draws attention to hidden technical and administrative obstacles, such as exhausted utility-network capacity, access roads unacceptable to the building authority, heritage protection of old buildings, and historical defects arising from a previous settlement of co-ownership. The aim of the text is to educate clients not to give in to emotions and to invest in a preventive legal audit of the property before signing a contract.
