How to claim money for a destroyed crop or land damaged by construction equipment?

Who is liable for damage caused by construction activities

Anyone who carries out construction activities must act in such a way as to avoid causing harm to other persons. However, if damage occurs, for example when construction equipment enters neighbouring land, the law imposes an obligation to compensate for this damage.

The basic legal framework can be found in the Civil Code, according to which anyone who breaches a legal obligation and causes damage to another is obliged to compensate for it. In particular, the provisions of Section 2926 of the Civil Code (damage to immovable property) apply to damage to land and buildings. Section 2925 of the Civil Code specifically refers to liability for damage caused by particularly dangerous operations, which may include construction activities using heavy machinery.

This means that if the land is damaged as a result of construction activity, the person who carries out the activity is liable. The responsible person is most often the construction company carrying out the work, or the investor if it manages or commissions the construction activity. Liability may also be shared between several entities – typically the main contractor and its subcontractors.

The Civil Code also allows for so-called joint and several liability, where the injured party can claim full compensation from any of the liable parties. They will subsequently settle the damage between themselves.

If it is not possible to determine the exact culprit (for example, several builders using the same road), it is important to prove at least that the damage was caused by construction activities in the area.

When does a claim for compensation arise

Compensation for damage to property can cover a range of situations. For example, an injured party may claim compensation for a destroyed crop (e.g. field, orchard, vineyard, grassland), compacted soil that prevents further agricultural use, a damaged fence, drainage system or drainage ditch, pollution or rutting of an access road or damage to property stored on the land.

Importantly, the damage must be causally related to the construction activity. Mere suspicion is not enough, but it must be shown that it was the construction equipment (e.g. excavator, truck or mixer) that caused the damage.

How to proceed with a claim

If construction equipment has damaged your land or destroyed your crops, it is crucial to act quickly and systematically. The first step is to secure evidence to confirm when, where and how the damage occurred. Ideally, photo or video documentation should be taken to capture the extent of the damage, wheel marks, heavy equipment marks or destroyed plants. It is always worth including the date, time and exact location of the damage, for example using the GPS function on a mobile phone. If you have images of the site taken before the work started, these will serve as an excellent comparison. Witness statements, whether from neighbours, passers-by or employees of the construction company who were present during the event, are also of great value. The earlier you collect the evidence, the more likely you are to avoid losing it or distorting the situation.

The next step is to quantify the damage. It’s not enough to simply claim that damage occurred – you need to document the amount of financial loss. If it is a crop, you can base this on average yields from previous years, accounting records or a professional estimate from an agricultural expert. In the case of damage to land, roads, fences or technical installations, it is advisable to have an expert’s report drawn up to determine the cost of repairs or the cost of restoring the land to its original state. The more accurately the damage is quantified, the stronger your position when dealing with the pest or insurance company.

Once you have the damage documented and quantified, a written notice to the pest control company follows. This should be clear and to the point – state what damage you have suffered, how and when it occurred, and include a brief list of evidence (photographs, expert reports, witness statements). Invite the person responsible to compensate for the damage or to restore the land to its original state if possible (for example, by reclamation, removal of debris or reseeding). It is advisable to serve the notice by registered post or through a solicitor to ensure that it has been properly sent and served. We will be happy to help you prepare it.

Many construction companies have public liability insurance that covers damage caused in the course of construction activities. If you are able to find out which insurance company the company is insured with and know the policy number, you can contact the insurance company directly to make a claim. In practice, this will often speed up the compensation process as the insurance company has clearly defined procedures and assessment mechanisms. However, even in this case, it is necessary to prove the damage with concrete evidence and amounts. If necessary, an attorney can help you formulate the notice and communicate with the insurance company so that your claim is complete and has the best chance of success.

If, even after appealing and negotiating with the insurance company, you do not get a fair result, the court process comes into play. In this case, it is advisable to contact a lawyer to help prepare your claim for compensation, evaluate your evidence and determine the best strategy for proceeding. While court proceedings can be more time-consuming and costly, in cases where the damages amount to tens or hundreds of thousands of crowns, it is often the only way to get justice. In addition, the lawyer may apply for an award of costs, so that if successful, the court may order the other party to pay those costs.

What is the penalty for trespassing?

Unauthorized entry of construction equipment onto someone else’s land is not only a question of compensation for damages, it can also be a violation of the law and an interference with a constitutionally protected property right. According to Article 11 of the Charter of Fundamental Rights and Freedoms, every owner has the right to peaceful enjoyment of his or her property and no one may arbitrarily interfere with it. If a construction company or its employees enter or trespass on land without the owner’s consent, this is an unauthorised interference which may have civil, administrative or criminal consequences.

From a legal perspective, such conduct may qualify as an offence against property under the Act on Certain Offences. Specifically, this is a situation where someone intentionally uses someone else’s property unlawfully or trespasses on someone else’s land without being authorised to do so. In practice, this means that a construction company that, for example, cuts a path across a private field to get to a construction site can be fined. The amount of the fine ranges from a few thousand crowns to 50,000 crowns, depending on the severity, extent and damage caused.

The injured owner has the right to actively defend himself against such actions. The first step is to file a complaint with the municipal authority with extended jurisdiction, which deals with offences. The submission should state when and how the trespass occurred, who committed it (if it can be determined) and what damage or interference was left on the property. It is also important to include photo documentation or testimony to support the victim’s allegations. If the offence has been committed in connection with construction activity, the building authority may also be contacted, which can investigate whether the construction work is being carried out in accordance with the building permit and whether its conditions have been exceeded – for example, defined access to the site or traffic routes for construction equipment.

In more serious cases, the victim may also seek protection in civil court through an action to protect possession or ownership. Such an action is particularly used when a construction company or other person repeatedly enters the land and prevents the owner from using it undisturbed. The court may impose an injunction against entry or trespass, or order the land to be restored to its former state. This step is particularly important where construction work has been going on for a long time and there is a risk that the trespass will continue or recur.

If the damage caused by the unauthorised entry exceeds CZK 10,000 (the so-called not insignificant damage), the situation may move to the level of criminal law. In such a case, a criminal complaint can be filed against the unknown perpetrator (if not known exactly) or directly against the person responsible. The Police of the Czech Republic then assesses whether the criminal offence of damage to foreign property or unauthorised interference with the right to a house, flat or non-residential premises has been committed. Criminal liability may apply to both an individual and a legal entity, i.e. the construction company itself.

It is good to remember that filing a criminal complaint is not just an attempt to punish the guilty party. As part of the criminal proceedings, you, as the victim, can also make a claim for compensation, which can speed up and simplify the whole process. At the same time, a criminal prosecution will often encourage the offender to take a more conciliatory attitude – for example, to offer financial compensation or to agree to make amends.

In any case, the better you document the whole process and the earlier you react as a victim, the better your chances of success. In situations where a construction company is not respecting private property and is arbitrarily using someone else’s land, it is advisable to contact an attorney to help you choose the right course of action – whether it is a misdemeanor, a lawsuit or a criminal complaint. A prompt and professional response often means not only fair compensation but also the prevention of further damage in the future.

Summary

If construction equipment has damaged your land or destroyed your crops, you have the right to claim compensation for damage to your property under the Civil Code. The person who carries out the work – i.e. the construction company, subcontractor or investor– is usually liable for the damage caused by the construction activity. You can make a claim in cases where crops are destroyed, soil is compacted, fences, drains or paths are damaged as a direct result of the construction activity. The key to success is to secure evidence early – take photographs, videos and witness statements, document the date and location of the disturbance, or attach images taken before construction began. You must then quantify the amount of damage, ideally by means of an expert report or professional estimate. You should then send a written notice to the vermin demanding compensation or restoration of the land to its original state. If the construction company has liability insurance, you can also contact its insurance company to claim. If no agreement is reached, you can go to court and seek compensation through the courts. In addition, unauthorised entry of construction equipment onto someone else’s land can be an offence against property, punishable by a fine of up to CZK 50,000 or, in more serious cases, a criminal offence of damage to property. The victim may defend himself by filing a complaint with the municipal or building authority, a property protection action or a criminal complaint if the damage exceeds CZK 10,000. In any case, the quicker you react and the better you can prove the damage, the better your chances of successful compensation. A solicitor can help you by preparing a legal notice, representing you in negotiations with the insurance company and in any court proceedings.