Unlawful interference with ownership rights

Ownership right constitutes one of the fundamental property rights. It encompasses the statutory entitlement of the owner to possess, use, enjoy the fruits and proceeds of, and dispose of their property at their sole discretion within the limits set by law. In practice, however, situations frequently arise where the exercise of ownership rights is unlawfully interfered with.

Legal Remedies for the Protection of Ownership Rights

An owner has several legal remedies available to protect their property rights, including self-help (svojpomoc) and preliminary protection granted by the municipality (predbežná ochrana obcou). In addition, the legal system provides a framework of judicial causes of action designed to safeguard ownership:

• Actions for Damages (žaloba na náhradu škody): Filed where the property has been destroyed, lost, or damaged.
• General Negatory Action (všeobecná negatórna žaloba): Directed against anyone unlawfully interfering with the exercise of ownership rights, seeking an injunction to cease further interference.
• Nuisance Negatory Action (negatórna žaloba z imisií): Deployed when neighbor nuisances (imisie) interfere with ownership rights beyond reasonable levels or severely restrict their exercise, seeking a court order to refrain from further emissions/interference.
• Vindicatory Action / Action for Recovery of Possession (vlastnícka / vindikačná žaloba): Directed against a person unlawfully retaining property, seeking an order for its physical surrender (vydanie veci).
• Eviction and Related Property Claims (žaloba na vypratanie, excindačná a vylučovacia žaloba): Including actions for eviction from real property, inheritance claims, and third-party claims to exclude property from execution or bankruptcy assets.
• Declaratory Action on Ownership Title (žaloba na určenie vlastníckeho práva): Utilized in cases of legal uncertainty to obtain an authoritative judicial declaration of ownership.
• Special Property Actions: Including actions for the dissolution and partition of co-ownership, removal of unauthorized structures (odstránenie neoprávnenej stavby), establishment of necessary way/easement of necessity (zriadenie práva nevyhnutnej cesty), and other statutory remedies.

Statutory Limitations and Procedural Aspects

Ownership right, as an absolute right in rem, is non-prescriptible (nepremlčuje sa). The existence of ownership itself is not subject to time limits and cannot be forfeited merely through the passage of time. It can only be affected if another party acquires ownership through adverse possession / usucaption (vydržanie), provided all statutory conditions of good-faith possession (oprávnená držba) are fulfilled throughout the legally required prescription period.

Consequently, legal actions protecting ownership rights—specifically vindicatory and negatory actions—are not subject to prescription for as long as the unlawful interference or its effects persist. An owner may seek judicial protection of their property rights at any time, provided those rights have not lapsed or been acquired by another through adverse possession.

A distinct legal regime applies to claims for damages (náhrada škody) resulting from unlawful interference. These monetary claims are subject to statutory prescription periods (premlčacie lehoty):

• Subjective prescription period: Generally 2 years, commencing on the date the injured party becomes aware of the damage and the identity of the liable party.
• Objective prescription period: Generally 3 years from the date the damage occurred.
• Extended objective period: 10 years from the occurrence of damage in cases of intentionally caused damage (úmyselne spôsobená škoda).

In disputes involving interference with property rights, the strength and quality of the evidentiary position play a decisive role.

If you wish to discuss your legal needs, please do not hesitate to reach out to us via email at info@akvlkova.sk or at +421 949 203 288.