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Právní úskalí inženýrských sítí pod pozemky cizích vlastníků

ARROWS lawyers are discussing the establishment of utility easements at their desks.

Key takeaways

  • A utility network on your land may not be yours. Under the Civil Code, electricity, gas, water, or other networks are not considered part of the land. Therefore, when purchasing or developing property, it is crucial to verify who owns the network and under what legal title it is located on the land.
  • The most secure solution is a utility network easement. This regulates the rights of the network owner regarding its operation, maintenance, and repairs. However, a signed agreement alone is not sufficient—the easement must be registered in the Land Register, potentially supplemented by a survey plan.
  • A network without an agreement or registration can pose a significant legal problem. It is necessary to distinguish between an "unauthorised structure" and an "illegal structure". Furthermore, different rules apply to older and newer structures, so the solution may involve removing the network, transferring its ownership, or establishing an easement.
  • A network without an agreement or registration can pose a significant legal problem. It is necessary to distinguish between an "unauthorised structure" and an "illegal structure". Furthermore, different rules apply to older and newer structures, so the solution may involve removing the network, transferring its ownership, or establishing an easement.

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You Own the Land, But Not Everything Under It: Basic Legal Principles

This exception is explicitly enshrined in Section § 509 of the Czech Civil Code, which states that utility networks are not part of the land, and this also applies to all structures and technical equipment operationally related to them. For you as the landowner, this has a crucial consequence: property belonging to a completely different person—be it an energy distributor, a municipality, or even your neighbour—can legally exist on your plot.

So, who owns the network? Ownership is often governed by special regulations, such as the Energy Act, but the general rule is that the owner is the one who procured and installed the network at their own expense. This fact, compounded by decades of network construction without consistent record-keeping, poses a huge hidden risk for today's developers, investors, and corporations.

Many plots of land that appear problem-free at first glance may hide a legal minefield in the form of decades-old, undocumented lines. Relying solely on a current extract from the Land Registry is therefore insufficient and dangerous. Identifying the network owner and verifying the legal title for its placement is the first and most important step before any transaction or commencement of construction.

The Prague-based legal team at ARROWS deals with this issue on a daily basis and can conduct a complete legal due diligence for you to uncover all hidden risks associated with your real estate.

What Is the Correct Solution? A Utility Network Easement

So how can a network be legally and safely placed, operated, and maintained on another's land? The standard and correct legal instrument is a utility network easement. This institute, detailed in § 1267 of the Czech Civil Code, constitutes a real encumbrance (easement) that clearly defines the rights and obligations of both parties.

What Rights and Obligations Arise from an Easement?

For the network owner (the beneficiary), the easement establishes the right to install, operate, maintain, and repair the network on the other's (servient) land at their own expense and in a suitable and safe manner. This is linked to a key obligation: after completing the work, the network owner must, at their own expense, restore the land to its previous state and compensate for any damage caused by the work.

For you as the landowner (the obligor), the easement imposes an obligation to tolerate all of this. At the same time, you must refrain from any activity that could endanger or damage the line, such as deep excavations in the network's protection zone.

How to Properly Establish an Easement?

The most common and best way to create an easement is through a written contract with officially verified signatures of both parties. However, a contract tucked away in a drawer is not enough. Many companies and individuals live with a false sense of security, unaware that their right does not actually exist in law.

An easement, as a real right to property, is established only upon its registration in the Land Registry. Without this step, the contract is not binding on third parties, such as a new owner of the land, and as Supreme Court case law shows, one cannot then even claim good faith.

If the easement encumbers only a certain part of the land, which is almost always the rule with linear networks, a necessary annex to the contract is a geometric plan that precisely defines the extent of the real encumbrance.

The legal team at ARROWS will prepare or review an easement agreement for you to ensure it details and unequivocally regulates all rights and obligations, including the specification of access routes, notification duties before entering the land, and a mechanism for damage compensation. We will handle the entire process, including registration in the Land Registry, thereby protecting you from future disputes.

Frequently asked questions about utility network easements

1. What does a utility network easement oblige the landowner to do?

The landowner must refrain from anything that would endanger the network and, after prior consultation, allow the entitled party to enter the land for the necessary time and to the necessary extent in order to inspect or maintain the network (Section 1267(1) of the Civil Code).

2. Must the network owner discuss a repair in advance?

As a rule, yes; entry onto the land should be discussed in advance. In the event of sudden damage to the network that cannot be postponed, the entitled party may carry out the repair even without prior consultation, but must notify the affected persons without undue delay and mark and secure the site.

3. Who restores the land to its original condition after a network repair?

The network owner. Once the work is completed, the owner restores the servient land to its previous condition at its own expense and compensates for any damage caused by carrying out the work (Section 1268 of the Civil Code). It is advisable to set out the details of entry and damage compensation already in the easement agreement.
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What if There Is No Contract? Unauthorized and "Illegal" Structures on Your Land

What should you do if you discover a line on your property for which there is no contract or entry in the Land Registry? Here, it is necessary to distinguish between two basic concepts that are often confused but have completely different legal consequences.

  • Unauthorized structure: This is a structure (in our case, a utility network) built on another's land without a private-law title, i.e., without a contract, consent, or easement. This problem is addressed by civil law, and the competent bodies are civil courts.

  • Illegal structure: This is a structure built without the necessary public-law authorization, typically without a building permit or notification. This issue is handled by the building authority under the Building Act.

The very same network can be both an unauthorized and an illegal structure, but the resolution of each problem proceeds separately.

How to Deal with an Unauthorized Structure?

The legal procedure differs fundamentally depending on when the unauthorized structure was built. This duality of legal regimes is a source of great legal uncertainty, and without expert guidance, it is easy to make a fatal strategic error.

  • Structures built before 1 January 2014: These cases are subject to the legal framework of the old Civil Code (Section 135c of Act No. 40/1964 Coll.). At the request of the landowner, the court has three options: order the removal of the structure at the expense of its owner, assign the structure to the landowner's ownership for compensation, or (only exceptionally) establish an easement for compensation.

  • Structures built after 1 January 2014: Here, the procedure follows the new Civil Code (Section 1084 et seq.). An unauthorized structure becomes part of the land and passes into the ownership of the landowner. However, the landowner is obliged to compensate the builder for the costs purposefully incurred, provided the builder acted in good faith.

The network owner can defend themselves by claiming to have acquired the easement right by prescription. To do so, they would have to prove that they exercised the right undisturbed and in good faith for a period of 10 years (ordinary prescription). However, as established case law of the Supreme Court confirms, proving good faith is practically impossible if the right is not registered in the Land Registry.

In these complex cases, the right strategy is key. The legal team at ARROWS will analyse the age of the network, the available documentation, and assess the chances of success in a potential dispute. We will represent you both in negotiations with the building authority regarding the subsequent legalization of the structure and in court proceedings for its removal or the establishment of an easement.

Unresolved Networks as a Ticking Time Bomb: An Overview of Key Risks and Solutions

Ignoring the unclear legal status of utility networks on your land is a strategic mistake that can lead to the blockage of development projects, unexpected costs in the millions of crowns, and protracted legal disputes. The following table summarises the most common risks and shows how we can help you with them.

Risk to be Addressed and Potential Problems and Penalties

How ARROWS Helps:

Existence of a network without a contractual basis: Complications when selling the property, reduction in market value, future disputes over access and maintenance, inability to obtain bank financing against the property as collateral.

We will conduct a legal audit, identify the network owner, and negotiate a contractual settlement. We will prepare an easement agreement for you and ensure its registration in the Land Registry.

Planned construction on land with a network: Inability to obtain a building permit, risk of damaging the network with liability for damages in the millions, delay or complete frustration of the project.

We will provide expert legal opinions and negotiate the terms for relocating or protecting the line with the network owner, including complete contractual documentation.

Unclear scope of an old easement: Disputes over the extent of the network operator's rights, unauthorized interference with the land beyond the original agreement, damage to crops or surfaces.

We will ensure the revision and clarification of existing easements, including securing new geometric plans and registration in the Land Registry for legal certainty.

Request for access by the network operator: Obligation to tolerate entry and work, risk of property damage without adequate compensation, disruption to your company's operations on the land.

We will review or prepare a contract that clearly defines the conditions of entry, the scope of work, notification duties, and a mechanism for prompt and fair compensation for damages.

"Illegal structure" (network) on the land: Risk of proceedings for the removal of the structure, high fines from the building authority, legal uncertainty and instability of ownership relations.

We provide legal consultations and representation in proceedings for the subsequent legalization of the structure and simultaneously settle the private-law relationships with its owner.

Acquisition of an easement right by the opposing party through prescription: Risk that a court will grant the opposing party a right to your land without your consent and without adequate compensation, thereby permanently restricting your ownership.

We will represent you in court and, using current case law, challenge the opposing party's good faith, thereby protecting your ownership right.

Cross-border lines (e.g., a product pipeline): Application of complex international and European law (e.g., Linear Structures Act, TEN-E), negotiations with foreign corporations and authorities.

Thanks to the ARROWS International network, we handle cases with an international element on a daily basis and provide legal protection in accordance with all relevant jurisdictions.

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What Compensation Are You Entitled To? Determining Compensation for the Restriction

In commercial relationships, it is entirely standard for an easement to be established for a fee. However, its amount and form depend on the circumstances and negotiation strategy.

Compensation can take the form of a one-off payment, which is the most common solution, or a regular rent, which is used more for large energy corridors. The key is how its amount is determined. The ideal situation is an agreement between the parties, where the price reflects not only the value of the restriction but also the willingness to conclude the contract quickly and without problems. If an agreement is not possible, an expert appraisal comes into play, which usually determines by how much the establishment of the easement will reduce the market value of the encumbered land.

A specific situation arises with structures in the public interest, typically energy infrastructure under the Energy Act or the Linear Structures Act. Here, a forced establishment of an easement can occur through expropriation. In such a case, the amount of compensation is no longer determined by agreement but strictly according to the Act on Property Valuation and the relevant implementing decrees. The negotiation strategy here is crucial—while a contractual price can be higher because it reflects the owner's willingness to agree, the price in an expropriation is fixed by regulations.

It is also necessary to remember that for historical lines, the right to compensation may already be statute-barred or have expired due to the passage of statutory time limits. Whether you are negotiating a contractual price or facing expropriation proceedings, the ARROWS team will ensure that the maximum possible and fair compensation is agreed upon or determined by a court for you, fully compensating for the restriction of your ownership right.

Our specialists will help you

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International Dimension

In a globalized economy, especially in the energy and telecommunications sectors, many key infrastructure projects cross state borders. Oil pipelines, gas pipelines, or backbone data networks are typical examples. For landowners and investors, this means entering an even more complex legal environment where national, European, and international law intersect.

At the national level, the construction of strategic infrastructure is accelerated, for example, by the Czech Linear Structures Act (Act No. 416/2009 Coll.), which gives the state and investors strong tools to push projects through.

At the European level, there is the concept of Trans-European Networks for Energy (TEN-E) and Projects of Common Interest (PCI). These projects, such as the planned Stork II gas pipeline connecting the Czech Republic and Poland, have priority status, an accelerated permitting regime, and access to funding from EU funds.

For foreign investors, protection is provided by international treaties, such as the Energy Charter Treaty (ECT), which protects them from the expropriation of their investments without adequate and fair compensation. This legal framework is a double-edged sword—it gives the state and multinational corporations tools to advance projects, but it also provides protection to those whose rights are affected.

This area is key for our corporate and foreign clients. Thanks to the ARROWS International network, built over ten years, and our specialists in European and international law, we provide legal services for the most complex cross-border projects. We coordinate procedures with colleagues in Germany, Poland, Austria, and other countries to ensure the smooth progress of your project across jurisdictions.

Comprehensive Solutions from ARROWS: More Than Just Legal Advice

As is evident, the issue of utility networks is a complex discipline that requires deep knowledge of real estate, construction, energy, and often international law. At ARROWS, we offer you a comprehensive solution that will cover all aspects of your situation.

Our experience is based on long-term cooperation with more than 150 joint-stock companies, 250 limited liability companies, and 51 municipalities and regions. We pride ourselves on speed and the highest quality. At ARROWS, we also understand that law is a tool for business. That's why we do more for our clients. We actively connect their investment and business opportunities and are happy to listen to your business ideas as well.

Frequently asked questions about utility networks on third-party land

1. Is a utility network on my land part of the land?

No. Water mains, sewers, energy and other lines are not part of the land, and they are deemed to include the structures and technical equipment operationally connected with them (Section 509 of the Civil Code). The network may therefore belong to a different owner than the land.

2. Is a signed contract enough to establish an easement?

No. An easement established by contract over land registered in the Cadastre arises only upon its entry in the Cadastre of Real Estate (Section 1262(1) of the Civil Code). If the easement burdens only part of the land, a geometric plan is usually attached to the contract.

3. What is the difference between an unauthorised structure and an illegal construction of a network?

An unauthorised structure stands on another person’s land without a private-law title, for example without a contract or an easement, and is dealt with by a civil court. An illegal construction was built without a permit under building regulations and is dealt with by the building authority. A single network can be both at the same time.

4. What compensation is the landowner entitled to for an easement?

The amount of compensation is a matter of agreement and is most often a one-off payment. If the parties do not agree, it is usually based on an expert opinion on how much the easement reduces the market value of the burdened land.

Next steps

Every situation is different and the right approach depends on the details. Tell us what you are dealing with – an ARROWS specialist will get back to you within 24 hours, assess your situation and propose the next steps.

About the author

JUDr. Lukáš Slanina
JUDr. Lukáš Slanina

Associate, partner

Lukáš Slanina as one of the partners and attorney at ARROWS focuses mainly on providing legal support to real estate agencies and their preparation for the new real estate law. He leads a team that deals with contractual documentation for real estate transfers, all contractual matters related to the functioning of real estate agencies and successfully represents real estate agencies in court disputes with dishonest clients. He regularly provides legal training for real estate agents.

Disclaimer:

The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 350,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (consultation@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.

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