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European property law

Squatters' rights in Slovakia: 10 years, and only in good faith

Ten years of uninterrupted possession by a qualified possessor, one who in good faith believes the property is theirs. A squatter who knows it belongs to someone else does not qualify, however long they stay.

14 days before the first charge · Nothing is switched on until you say so

Statutory period
10 years
What's different here
good faith only, and confirmed by a court since 2021
Statute
Občiansky zákonník, § 134

Section 134 of the Slovak Civil Code provides that a qualified possessor (oprávnený držiteľ) becomes the owner of real property after holding it continuously for ten years, and of movable property after three. A possessor is qualified only if they are in good faith, considering all the circumstances, that the thing belongs to them. The possession of a legal predecessor counts towards the ten years.

Since 1 May 2021, under Act No. 68/2021, vydržanie is confirmed by a court in a dedicated proceeding rather than by a notary. The application is published and others have a period to object, so a claim is aired before it is confirmed.

Unlawfully entering or remaining in another person's dwelling is the crime of violating the freedom of the home under § 194 of the Criminal Code. The same offence protects whoever actually lives in a dwelling against the owner too, so an owner who evicts an occupant themselves can be prosecuted. The lawful route is a court action for vacation (vypratanie) followed, if needed, by enforcement through a court bailiff.

Where Slovakia sits against the rest of Europe, in years

Of 31 places in Europe on these pages, 3 have a shorter clock and 10 a longer one or none at all.

How it unfolds

From the day someone moves in to the day a claim is possible

The same three stages in most places. The exact rule, and whether the last stage exists at all, is on each place's own page.

  1. Day oneMoving inCaught in the act, it is usually a matter for the police: a trespass, not a tenancy.
  2. Weeks to yearsSettled inOnce someone lives there, removing them usually takes a court order, the same route as for a tenant.
  3. After 10 yearsA claim becomes possibleOnly if every test held, without a break, for the whole period. Where the law allows no such claim, this stage never comes.

Not yours to do, once they have moved inChanging the locks, cutting the water or power, or removing belongings yourself. It is illegal in every US state and most places on these pages forbid it too. Each page says how removal works there.

Before it is ever a court case

The record a court asks for, kept as you go

Wherever your property stands, removing an occupant usually comes down to showing who had the right to be there, and since when. Dardaris files every lease, message and document for a building by date, so that record already exists on the day you need it.

  • Every lease, with who signed it and when
  • Every message with a tenant, on the thread it was sent in
  • Every document, filed against the building it concerns

Frequently asked questions

How long is adverse possession in Slovakia?

Ten years of continuous possession for real property, three for movable property, under § 134 of the Civil Code.

Can a squatter acquire property by vydržanie in Slovakia?

Only a qualified possessor, one in good faith that the property is theirs, can acquire by vydržanie. Someone who knowingly occupies another person's property is not in good faith.

Who confirms vydržanie in Slovakia?

Since 1 May 2021 a court does, in a proceeding for confirmation of vydržanie, with public notice and a period for objections. Notaries no longer confirm it.

Can I remove an occupant from my own property in Slovakia?

Doing it yourself can amount to violating the freedom of the home under § 194 of the Criminal Code, because the offence protects whoever lives in the dwelling. Removal goes through a court action for vacation and a bailiff.

This is general information, not legal advice.Laws change, and a county or a city can add its own wrinkle on top of the state rule, the way New York City does. Confirm the current rule for your address before acting on it, and talk to a local attorney before relying on any of it in a real dispute.