Yes, your neighbour may ask the court to order you to remove the encroaching structure at your own expense. The court will order removal only if it is appropriate. Otherwise, it may transfer ownership of the structure to the neighbour for compensation, if the neighbour consents, or resolve the parties' legal relationship in another way, particularly by creating an easement for compensation. The neighbour may also seek monetary compensation for your use of their land to date.
A surveyor discovers that a corner of your house, a garage or a fence extends several tens of centimetres onto your neighbour’s plot, and the neighbour demands that you remove the structure. They may seek its removal in court. However, the court will not automatically order demolition. In Slovakia, a structure does not form part of the land, and the relationship between the landowner and a person who built on it without a right to do so is governed by Section 135c of the Civil Code (Act No. 40/1964 Zb.). This is discussed in greater detail in the article on a structure on someone else’s land (forthcoming) (in Slovak).
When a structure is unauthorised
A structure is unauthorised if someone erected it on another person’s land without an entitlement under civil law, meaning without ownership, an easement or an agreement by which the owner consented to the construction. It is sufficient for only part of the structure to stand on someone else’s land. In its judgment 7Cdo/364/2021 of 28. 2. 2023, the Supreme Court of the Slovak Republic reiterated its earlier conclusion that the extent of the encroachment is immaterial, as is whether the person who built the structure had a building permit.
According to the Supreme Court of the Slovak Republic’s order 5Cdo/41/2025 of 31. 3. 2026, the provision applies only to structures that constitute immovable property, meaning that they are attached to the ground by a fixed foundation (Section 119(2)). For a fence, its construction therefore matters. In its order 3Cdo/85/2024 of 10. 12. 2025, the Supreme Court of the Slovak Republic stated that a fence’s concrete foundation, if it meets the criteria for a structure, constitutes an unauthorised structure, and the court must also resolve the legal relationship concerning it. A fence without a fixed foundation falls outside Section 135c, and the neighbour may seek its removal through a general action to protect ownership (Section 126(1)).
What the court may decide
The first remedy provided by the Act is removal of the structure:
The following quotation is reproduced in its original language:
Ak niekto zriadi stavbu na cudzom pozemku, hoci na to nemá právo, môže súd na návrh vlastníka pozemku rozhodnúť, že stavbu treba odstrániť na náklady toho, kto stavbu zriadil […]
If removal would not be appropriate, the court will transfer ownership of the structure to the landowner for compensation, provided the landowner consents (Section 135c(2)). Otherwise, it may resolve the parties’ legal relationship in another way, particularly by creating an easement for compensation (Section 135c(3)). According to the Supreme Court of the Slovak Republic, when assessing whether removal is appropriate, the court should consider, in particular, the economic consequences for the structure’s owner, their good faith, the structure’s purpose and the extent to which it obstructs use of the land. Structures used as a home require particular consideration (order 5Cdo/41/2025, paragraphs 10.2 and 10.3). If the court concludes that the removal sought is not possible, it cannot simply dismiss the action and must resolve the legal relationship in another way (paragraph 11.2). Where only a small part of a house encroaches on a neighbour’s land, the options therefore include removing that part, if technically possible, or creating an easement in favour of the building’s owner, as the Supreme Court of the Slovak Republic stated in judgment 6MCdo/44/2012, also referred to in judgment 7Cdo/364/2021.
Compensation for use of the land and limitation periods
The neighbour may also seek monetary compensation for your use of their land without a legal basis. This constitutes unjust enrichment (Section 451(1)), for which monetary restitution is due where another person’s property is used (Section 458(1)). In its order 8Cdo/186/2018, the Supreme Court of the Slovak Republic stated that a building’s owner is enriched merely by the fact that their building stands on someone else’s land, and that the amount of compensation is assessed by reference to the amounts ordinarily paid for such use at the relevant place and time, most commonly the usual rent.
This right becomes time-barred 2 years after the date on which the neighbour learned of the enrichment and the identity of the person enriched, but no later than 3 years, or 10 years in the case of intentional enrichment, after the enrichment occurred (Section 107(1) and (2)). If the use continues, enrichment accrues over time, so limitation may affect only earlier periods. According to the Supreme Court of the Slovak Republic, bringing an action under Section 135c is not itself subject to a limitation period. However, a long interval since the neighbour learned of the structure may influence the court’s decision (order 5Cdo/41/2025, paragraph 10.2).
How to resolve the matter by agreement
First, have a surveyor mark out the boundary and survey the part of the structure that encroaches on the neighbour’s land. You can then agree with the neighbour to buy the part of the land occupied by the structure as defined in a survey plan, exchange land or create a contractual easement, which arises upon registration in the Land Register (Section 151o(1)). If you have used the fence or structure for a long time in the good-faith belief that the land beneath it belongs to you, acquisition by prescription may also be an option. For immovable property, this requires continuous lawful possession for 10 years (Section 134(1)). A right corresponding to an easement may also be acquired by prescription (Section 151o(1)), and the Supreme Court of the Slovak Republic did not rule out its acquisition by prescription by the structure’s owner (order 5Cdo/41/2025, paragraph 10.2). The conditions for acquisition by prescription are discussed in the article on acquiring land by prescription.
The opposite principle applies in Czechia, where a structure forms part of the land. What this means when buying a house standing on someone else’s land is explained in the question on a house on someone else’s land in Czechia.
We will assess whether your structure is unauthorised and which solutions are available. We will prepare the documents needed for an agreement with your neighbour. We will handle the purchase of the part of the land occupied by the structure through our land purchase and sale service, and a contractual easement through our easements service.
This answer provides general information on the law as at 3 October 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
