Servitude (right of way, utility line)

A servitude (služebnost) is a type of easement under which the owner must tolerate something or refrain from something for another's benefit (Section 1257 of the Czech Civil Code). A praedial servitude benefits a particular plot, for example a road to the neighbouring house, and cannot be attached to another plot. A personal servitude benefits a particular person, for example a right to use a flat, and cannot be transferred to anyone else (Section 1265).

Most common types

• Footpath servitude: the right to walk or move by human power (Section 1274).
• Droveway servitude: the right to drive animals and to ride vehicles other than motor vehicles (Section 1275).
• Road servitude: the right to drive any vehicle over someone else's land (Section 1276).
• Utility servitude: the right to run water, sewer, power or other lines across a plot, operate and maintain them (Section 1267).
• Flat servitude: a personal servitude, presumed to be a right of use (Section 1297).

What it means for a buyer

For a house without its own access from a public road, a road servitude is decisive. It secures passage over someone else's land even after that land changes hands. On the title sheet (LV) of the house it benefits, it appears in part B1; for the burdened plot, in part C. The holder of a road servitude contributes proportionally to the upkeep of the road, including footbridges and bridges; the owner of the burdened plot contributes only if they use the road too (Section 1276).

Neither a map nor a viewing tells you whether access to the house is legally secured. A well-used track may cross private land with no registered servitude at all.

Frequently asked questions

What if there is no servitude?

The safest solution is a contractual servitude entered in the land register by registration (vklad). If the owners cannot agree, the owner of a property not sufficiently connected to a public road may ask a court for a so-called necessary way over the neighbouring plot in return for compensation. The court may also grant it as a servitude (Section 1029).

Does a servitude end when the plot is sold?

No. A servitude is a property right and burdens the plot regardless of who owns it at the time. A personal servitude, however, ends on the death of the beneficiary (Section 1302) and must then be deleted from the land register.