Termination of Servitude

The Supreme Court of the Czech Republic has recently issued a judgement (Reference Number 22 Cdo 3732/2014) in which it expressed its opinion to the termination of a servitude because of the change of conditions that was caused by the owner of the servient land.

If a permanent change results in a gross disproportion between the encumbrance of the servient thing and a benefit for the dominant land or the entitled person, an owner of the servient thing may claim the servitude to be limited or cancelled for appropriate compensation pursuant to Section 1299 Subsection 2 of the Civil Code.

If the owner of the servient land causes a situation that impedes the exercise of the servitude, such situation is illegal and the beneficiary is entitled to demand its elimination according to the Supreme Court of the Czech Republic. If this situation causes that the beneficiary can no longer exercise the servitude, such state cannot be considered as a change of situation that allows the termination of the servitude according to the above mentioned provision of the Civil Code.  

The beneficiary that cannot exercise its right due to such obstacle has to claim his right at court in a period of limitation, otherwise the servitude shall become statute-barred.