Právní úskalí inženýrských sítí pod pozemky cizích vlastníků

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.

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.

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.

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.