Can I acquire land by adverse possession?
You can — but after ten years, and no longer through a notary. To acquire immovable property by possession, every condition must be met without interruption: a capable subject, a capable object of possession, good faith, lawful possession, and the elapse of the prescription period, which for immovables is 10 years. The fundamental change: since 1 May 2022 adverse possession is no longer certified by a notary but decided by a court, in a special procedure to confirm acquisition by possession under the Civil Non-Contentious Procedure Code. The court first assesses the merits of the application; if it stands, it issues a calling resolution inviting interested parties to raise objections. That period cannot be shorter than six months.
📋 The rules
- Immovable property: a period of 10 years
- Good faith and lawful possession are required
- The conditions must hold without interruption
- Since 1 May 2022 a court decides, not a notary
- It is a procedure to confirm acquisition by possession
🔓 Exceptions
- The court issues a calling resolution inviting objections
- The period for objections cannot be shorter than six months
- The final decision is sent to the cadastre for registration
⚠️ Penalties & fines
Good faith is the whole dispute in a single word. You can acquire by possession only if you were a good-faith possessor — that is, if having regard to all the circumstances you reasonably believed the thing was yours. Anyone who knew the land belonged to another is not in good faith — and acquisition by possession is out of the question, however many decades they used it. The procedure has two stages: the court first assesses the application and rejects an unqualified one; only then does it issue a calling resolution. Interested parties may object until the confirming resolution is issued, and that period cannot be shorter than six months — so expect a long process. Once final, the court sends the decision to the cadastre, which makes the entry.
📎 Official sources
- Slov-Lex · Civil Code (§ 134) →
- Slov-Lex · Civil Non-Contentious Procedure Code →
- Geodesy, Cartography and Cadastre Authority →
❓ Frequently asked
How long is the possession period?
Ten years for immovable property. Every condition — good faith, lawful possession, a capable subject and object — must be satisfied without interruption throughout that entire period.
Does a notary decide it?
Not any more. Since 1 May 2022 a court decides, in a special procedure to confirm acquisition by possession introduced by an amendment to the Civil Non-Contentious Procedure Code.
What does good faith mean?
That, having regard to all the circumstances, you reasonably believed the thing was yours. Anyone who knew the land was another's is not in good faith — and cannot acquire it, even after decades of use.
How does the procedure work?
The court first assesses the merits of the application and rejects an unqualified one. If the application stands, it issues a calling resolution inviting interested parties to raise objections to your claim.
How long can others object?
Objections may be lodged until the resolution confirming acquisition is issued, and that period cannot be shorter than six months. The process therefore takes far longer than the old notarial certificate.
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