The soil protection has a long tradition in Slovakia. Slovakia has a good and strict legislation on the soil protection. It also includes protection against erosion and degradation. However, there is a certain gap in the legislation in addressing the relationship between the lost soil and the land ownership. It is not clear how the land ownership is changed with soil particles movement along the slope, on which erosion occurs. Even more uncertainty regarding the land ownership occurs if the soil is transferred to the watercourses or water reservoirs, where the soil is transformed into sediments. On the European level, sediment management is not covered by specific regulations. The sediment management is partially addressed in several European directives directly or indirectly. The current legislation in Slovakia is creating economic and legal barriers to the return of the soil from the rivers and the reservoir to its original owners. The paper deals with the current state of explaining the problem with the soil erosion and sediment transport in relation to the valid legislation in Slovakia and the European Union. Legislation addressing the erosion and sediment is not just based on land ownership but also on principles for protection of the environment as the transfer of harmful substances to the soil or water.