AKMV 
Access to a Neighbour’s Land
QUESTION
Good day, I would like to ask how I should proceed if my neighbour refuses to allow me access to his land for the purpose of repairing my façade, even though part of my plot (60 cm) encroaches into his yard. How should I proceed in such a situation?
ANSWER:
We draw your attention to § 127(3) of the Civil Code, which states:
“Owners of neighbouring plots of land are obliged to allow access to their land, or to structures located thereon, for the necessary period of time and to the necessary extent, if such access is indispensably required for the maintenance and cultivation of neighbouring plots of land and structures. If damage is caused to the land or structure, the person who caused the damage shall be obliged to compensate it; such liability cannot be waived.”
From this provision it follows that your neighbour is, under the law, obliged to allow you access to his land, but only for the necessary time required to perform acts necessary for the maintenance or cultivation of your property. This is therefore not a right of permanent access to the neighbouring property. We also recommend ensuring that, in exercising this right, you limit any inconvenience to your neighbour as much as possible and that access to his land does not become a regular occurrence (as in such a case it would, by its nature, resemble an easement, which could reduce your chances of success in potential court proceedings – see e.g. decision of the Supreme Court of the Slovak Republic, file no. 22 Cdo 1281/2002).
Under no circumstances may you enter another person’s land without the owner’s consent. Even though you are the entitled party in this situation, we recommend first requesting permission from your neighbour and explaining the reasons why you need to enter his land, or possibly agreeing on reasonable compensation.
If your neighbour continues to refuse to grant access to his land, you may file a claim seeking an order to oblige him to tolerate access to the property.
If needed, we can prepare a formal notice to your neighbour informing him of your rights. Should you be interested, please contact us at office@akmv.sk.