When dealing with neighbourly disputes it is often important ti understand the concept of “way of necessity” in Slovenian real estate law. This legal principle, outlined in Articles 88 to 91 of the Slovenian Law of Property Code (Stvarnopravni zakonik – SPZ), allows for the establishment of a necessary road access through a neighbouring property to an immovable property that currently lacks such access or for which the establishment of such access would be associated with disproportionate costs.

According to Article 88 of SPZ, the court is competent for granting a way of necessity when it is deemed necessary for regular use of the property. In making this determination, the court must consider the potential impact on the property through which the way of necessity would be established.

As a client of a law firm in Slovenia, it is important to note that the court must grant the way of necessity only if it does not prevent or substantially obstruct the use of the immovable property through which it is planned to run, as outlined in Article 89 of SPZ. Additionally, the court must determine the way of necessity in such a manner as to minimize its impact on other immovable properties.

In terms of compensation, the beneficiary of the way of necessity is responsible for paying appropriate compensation to the owner of the adjacent immovable property, as outlined in Article 89(3) of SPZ. It is also worth noting that the way of necessity may be altered or terminated if it is no longer necessary due to a change in circumstances, as outlined in Article 90 of SPZ.

Furthermore, Article 91 of SPZ states that the provisions on the way of necessity also apply mutatis mutandis when connecting to public utility networks and other networks, if the owner of the immovable property which is requesting connectivity meets the required conditions.

In addition to the legal principles outlined in SPZ, the Slovenian Non-Contentious Civil Procedure Act (Zakon o nepravdnem postopku – ZNP-1) also contains provisions related to the way of necessity. These provisions, found in Articles 175 to 179, outline the procedures for initiating and conducting proceedings related to the way of necessity. A team of experienced attorneys can assist clients in navigating these procedures and ensuring that their rights are fully protected.

A top law firm can, in summary, provide expert legal advice and representation in proceedings related to the way of necessity. The client can be in this way guided through the process of initiating proceedings, ensuring that all necessary information is included in the court petition, and can be represented in hearings all the way through court decisions.