Slovak Republic

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Sale and Purchase

Legal ownership, freehold, leasehold – which types of property rights can be acquired in this country? Are there any interests in real estate other than exclusive ownership?

Real estate rights under Slovak law are as follows:
  • "Right of ownership" (vlastnícke právo) is the right to hold, use or dispose of the real estate and all its attributes. This includes protection against any unauthorised limitation of the owner's rights.
  • "Possession" (držba) is the right to hold goods and to dispose of them as one's own. Possession can be relevant in terms of the institute of usucaption as it constitutes one of the legal requirements for this type of underived acquisition of ownership right. After a certain period of time elapses (10 years in the case of real estate), the possessor becomes the owner of the property.
  • "Right to lease/sub-lease" (nájom/podnájom) is the right to let or sub-let real estate to a tenant in return for payment.
  • "Right of pledge" (záložné právo) is the right of a pledgee to satisfy a claim against a pledgor from the security provided if his claim is not satisfied adequately and in a reasonable time.
  • "Easement" (vecné bremeno) is a right to enjoy certain benefits (such as a right of access, a right to build etc) relating to a third party's real estate. This right either belongs to a specific individual or to the owner of a certain property.