By applying for its removal and enclosing a document proving that the lease has ended, such as an agreement with the tenant or the tenant’s written confirmation. According to ÚGKK, the cadastre will not automatically remove a lease registered on the basis of a contract merely because the agreed term has expired. Before applying, check whether the lease has been renewed by operation of law or converted into a lease for an indefinite term. If the tenant refuses to cooperate, the court will decide.
You leased out your land years ago, most commonly to an agricultural business, and the lease was registered in the cadastre. The agreed term has expired, but the lease still appears on the ownership record. When selling, applying for a loan or granting a new lease, you then have to explain that the entry no longer reflects the actual position.
Why the lease appears on the ownership record
Lease rights over land are registered in the cadastre if they last or are intended to last at least five years (Section 1(1) of the Cadastral Act). They are recorded by a declaratory entry on the basis of the lease agreement (Section 34(1)). This most commonly concerns land cultivated by an agricultural business. Land is leased to such a business for at least five years, and for longer periods for certain crops (Section 8(1) of Act No. 504/2003 Z. z.).
The cadastre will not remove it automatically
In Cadastral Bulletin 2/2022, the Geodesy, Cartography and Cadastre Authority (ÚGKK) takes the view that expiry of the agreed term alone is insufficient for the cadastral department to remove a lease without an application. It will remove the entry only once it receives a document showing that the lease has ended. The owner or another entitled person may apply for a declaratory entry. The application must be accompanied by a document confirming the change in the right and, where appropriate, other documents of evidential value in the proceedings (Section 35). The cadastre makes the declaratory entry within 60 days of the commencement of proceedings, or within 30 days if the application is submitted using the electronic form (Section 43(1) and (3)).
Has the lease actually ended?
The agreement tells the cadastre when the lease was due to end. It does not, however, establish whether the lease has since been renewed. A lease ends on expiry of its term unless the landlord and tenant agree otherwise (Section 676(1) of the Civil Code). However, the law provides for situations in which the lease continues. The first is governed by the Civil Code.
The following quotation is reproduced in its original language:
Ak nájomca užíva veci aj po skončení nájmu a prenajímateľ proti tomu nepodá návrh na vydanie veci alebo na vypratanie nehnuteľnosti na súde do 30 dní, obnovuje sa nájomná zmluva za tých istých podmienok, za akých bola dojednaná pôvodne.
A lease agreed for longer than a year is renewed in this way for a year at a time. The Civil Code applies to leases of land for agricultural purposes unless Act No. 504/2003 Z. z. provides otherwise (Section 1(1)). For land leased to an agricultural business, that Act adds its own rule. If the tenant verifiably delivered a proposal for a new lease agreement to you no earlier than a year and no later than two months before expiry of the term, and within two months you neither rejected it nor notified the tenant that you had leased the land to someone else, a lease for an indefinite term is presumed to have arisen (Section 13(1)). The proposal must have explained how to reject it and warned you of the consequence of inaction; otherwise, no such lease arises (the second sentence of Section 12(4), which applies with the necessary modifications). A lease for an indefinite term may be terminated by notice with effect from 1 November, subject to a year’s notice period. This rule does not apply to land under the administration and disposal authority of the Slovak Land Fund.
If the lease has been renewed or converted into a lease for an indefinite term, the right continues to exist and there is no document confirming its termination. It must first be terminated by agreement or notice. Where land is inaccessible or cannot reasonably be used, the existing tenant is entitled to continue using it on the terms of the lease agreement even after the lease ends, until a sublease is established or land consolidation is carried out (Section 12(2); this does not apply to the Fund’s land). In that situation, even removing the lease from the ownership record does not mean you will immediately recover possession of the land.
Which document to enclose
The simplest option is a written agreement with the tenant or the tenant’s written confirmation of the date on which the lease ended. If you terminated the lease by notice, prepare the notice, proof of delivery and the agreement specifying the notice period. It is advisable to check before applying which documents the cadastral department will accept in the particular case.
If the tenant maintains that the lease continues and refuses to cooperate, the court will determine whether it has ended, for example in proceedings seeking a declaration that the lease relationship does not exist (Section 137, letter c) of the Code of Civil Dispute Procedure). The final judgment then serves as the document supporting removal of the entry.
If you sell the land before the entry is removed, the purchase agreement should specify who will arrange its removal and by when. If the lease is still in force, the buyer assumes the landlord’s position (Section 680(2) of the Civil Code). The article on selling agricultural land with a tenant explains what a buyer takes on when purchasing leased land.
How we can help
We will assess whether the lease has actually ended, prepare an agreement with the tenant and draw up an application for a declaratory entry with the necessary documents as part of our application for registration in the cadastre service. When land is being sold, we will address removal of the entry in the agreement as part of our agricultural land transfers service. If the tenant refuses to cooperate, we will provide representation in the dispute.
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.
