Swiss Civil Code (CC)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Division One: Ownership
Title Eighteen: General Provisions
A. Nature of ownership
I. In general
Amended by No I of the FA of 4 Oct. 2002 (Article of Basic Principles: Animals), in force since 1 April 2003 (AS 2003 463; BBl 2002 4164 5806).
Art. 641
1 The owner of an object is free to dispose of it as he or she sees fit within the limits of the law. 2 He or she has the right to reclaim it from anyone withholding it from him or her and to protect it against any unwarranted interference.
II. Animals
Art. 641a
1 Animals are not objects. 2 Where no special provisions exist for animals, they are subject to the provisions governing objects.
Art. 641a — Inserted by No I of the FA of 4 Oct. 2002 (Article of Basic Principles: Animals), in force since 1 April 2003 (AS 2003 463; BBl 2002 4164 5806).
B. Scope of ownership
I. Constituent parts
Art. 642
1 The owner of an object also has ownership of all its constituent parts. 2 A constituent part is anything which, according to local custom, is held to be an essential part of an object and which cannot be detached without destroying, damaging or altering it.
II. Natural fruits
Art. 643
1 The owner of an object also has ownership of its natural fruits. 2 Natural fruits are the periodic produce and revenues customarily derived from an object used according to its purpose. 3 Prior to separation, the natural fruits are an integral part of the object.
III. Accessories
1. Definition
Art. 644
1 Any disposition affecting an object also applies to its accessories, unless an exception is made. 2 Accessories are those chattels which, according to local custom or the clear will of the main object's owner, permanently facilitate the management, use or preservation of the main object and are auxiliary thereto by virtue of having been joined to it, adapted to it or otherwise connected with it. 3 If an object is an accessory, it remains so regardless of temporary separation from the main object.
2. Exclusions
Art. 645
Chattels do not qualify as accessories if they are intended for temporary use or consumption by the possessor of the main object, are not intrinsically related to it or are connected with it only for storage, sale or hire purposes.
C. Collective ownership
I. Co-ownership
1. Relationship among co-owners
Art. 646
1 Co-ownership exists where several persons own a share in an object which is physically undivided. 2 Unless otherwise stipulated, they are co-owners in equal measure. 3 Each co-owner has the rights and obligations of ownership in respect of his or her share in the object, and said share may be alienated and pledged by him or her, or distrained by his or her creditors.
2. Use and administration rules
Art. 647
1 The co-owners may agree rules on use and administration that deviate from the statutory provisions and provide therein that the rules may be amended with the consent of the majority of all co-owners. 1bis Any amendment to the provisions of the use and administration rules on the allocation of exclusive rights of use also requires the consent of the co-owners who are directly affected. 2 Such rules cannot annul or restrict the rights of each co-owner: 1. to request such measures as are necessary to preserve the object’s value and serviceability and, where required, to have these ordered by a court; 2. to take, on his or her own initiative and at the expense of all co-owners, such measures as are urgently needed to safeguard the object against imminent or incremental damage.
Art. 647 — Amended by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461). Para. 1 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283). Para. 1bis — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
3. Ordinary administration
Art. 647a
1 Each co-owner may attend to ordinary administration and in particular carry out repairs, sowing and harvesting, short-term custody and supervision, may conclude contracts for such purposes and may exercise the powers derived from such contracts and from rental, lease, work and service agreements, including the payment and acceptance of monies on behalf of all the co-owners. 2 With the consent of the majority of the co-owners, the authority to carry out administration may be submitted to a different regime, subject to the statutory provisions governing necessary and urgent measures.
Art. 647a — Inserted by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).
4. Major administrative acts
Art. 647b
1 By the consent of a majority of the co-owners together representing a majority share in the object, major administrative acts may be carried out, notably including changes in methods of cultivation or use, conclusion and termination of rental and lease agreements, participation in land improvements and the appointment of an administrator whose authority extends beyond ordinary administrative acts. 2 The provisions governing necessary construction work are reserved.
Art. 647b — Inserted by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).
5. Construction work
a. Necessary work
Art. 647c
Maintenance, reconstruction and renovation work necessary to preserve the object’s value and serviceability may be carried out with the consent of the majority of co-owners where such work does not fall under the authority of each individual co-owner to take ordinary administrative steps.
Art. 647c — Inserted by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).
b. Useful work
Art. 647d
1 Renovations and refurbishments aimed at enhancing the value or improving the object’s profitability or serviceability require the approval of a majority of the co-owners together representing a majority share in the object. 2 Alterations which permanently hinder or render unprofitable a co-owner’s use or exploitation of the object for its existing purpose may not be carried out without the consent of that co-owner. 3 Where an alteration would require a co-owner to bear unreasonable costs, in particular because they are disproportionate to the value of his or her share, the alteration may be carried out without his or her consent only if the other co-owners assume such part of his or her share of the costs as exceeds that which he or she may reasonably be expected to meet.
Art. 647d — Inserted by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).
c. Works to improve appearance or convenience
Art. 647e
1 Building works serving merely to embellish the object, improve its appearance or make its use more comfortable or convenient may only be carried out with the consent of all the co-owners. 2 If such works are commissioned with the consent of the majority of the co-owners who also represent a majority share in the object, they may be carried out even against the wishes of a dissenting co-owner providing they do not permanently impair the latter’s right of use and enjoyment and the other co-owners compensate him or her for the merely temporary impairment and assume his or her share of the costs.
Art. 647e — Inserted by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).
6. Power of disposal over the object
Art. 648
1 Each co-owner is entitled to represent, use and exploit the object insofar as is compatible with the rights of the other co-owners. 2 The alienation or encumbrance of the object and the modification of its designated purpose require the consent of all co-owners, unless they have unanimously agreed some other arrangement. 3 Where mortgage rights or real burdens apply to co-ownership shares, the co-owners are not permitted to further encumber the object itself with such charges.
Art. 648 — Amended by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).
7. Costs and expenses
Art. 649
1 Except where otherwise provided, the administrative costs, taxes and other expenses arising from co-ownership or in relation to the object in co-ownership are borne by the co-owners in proportion to their shares. 2 If a co-owner has borne more than his or her fair share of such costs, he or she is entitled to compensation from the others to an equivalent extent.
Art. 649 — Amended by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).
8. Binding nature of rules and noting in the land
Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Art. 649a
The use and administration rules agreed by the co-owners, their administrative decisions and all relevant court judgments and orders are also binding on a co-owner’s legal successor and on any person acquiring a right in rem to a co-ownership share. 2 They may be noted next to co-ownership shares of immovable property in the land register.
Art. 649a — Inserted by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461). Para. 2 — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
9. Exclusion from collective ownership
a. Co-owners
Art. 649b
1 A co-owner may be excluded from the community of co-owners by court order if, as a result of his or her conduct or that of persons to whom he or she granted use of the object or for whom he or she is responsible, his or her duties towards the other co-owners individually or collectively are so seriously violated that continuation of the community of co-owners becomes unreasonable. 2 Where the community comprises only two co-owners, each has the right to sue the other; in other cases, unless otherwise agreed, legal action against one co-owner must be authorised by a majority of all the co-owners excluding the person to be sued. 3 If the court rules in favour of excluding the defendant, it shall order him or her to alienate his or her share and, should he or she fail to do so within the allowed time limit, shall order it to be sold at public auction in accordance with the provisions governing the forced sale of land to the exclusion of the provisions governing dissolution of co-ownersh
Art. 649b — Inserted by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).
b. Further entitled persons
Art. 649c
The provisions governing exclusion of co-owners apply mutatis mutandis to usufructuaries and to owners of other rights in rem or personal rights of use entered under priority notice in the land register in respect of co-ownership shares.
Art. 649c — Inserted by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).
10. Dissolution
a. Right to request division
Art. 650
1 Every co-owner has the right to request the dissolution of the co-ownership unless this is excluded by an agreement, by division of the object into condominium units or by the dedication of the object to a permanent purpose. 2 Dissolution may be excluded for a maximum of 50 years by means of an agreement which, where the object is land, is valid only if done as a public deed and which may be entered under priority notice in the land register. 3 Dissolution may not be requested at an inopportune time.
Art. 650 — Amended by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461). Para. 2 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
b. Form of partition
Art. 651
1 Dissolution is effected by means of physical division, by private sale or sale at auction and division of the sale proceeds, or by transfer of the entire object to one or more co-owners who buy out the others. 2 If the co-owners are unable to agree on the method of dissolution, the court will order the physical division of the object or, where this is impossible without substantially diminishing its value, its sale at public auction or private auction among the co-owners. 3 Physical division giving rise to unequal shares may entail monetary payments to balance out the shares.
c. Animals kept as pets
Art. 651a
1 In the event of disputes over ownership of animals kept as pets rather than for investment or commercial purposes, the court will award sole ownership to whichever party offers the better conditions of animal welfare in which to keep the animal. 2 The court may order the person to whom ownership of the animal is awarded to provide appropriate compensation to the other party; the court determines the amount at its discretion. 3 The court shall take all necessary provisional measures, in particular in relation to the animal’s care in the interim.
Art. 651a — Inserted by No I of the FA of 4 Oct. 2002 (Article of Basic Principles: Animals), in force since 1 April 2003 (AS 2003 463; BBl 2002 4164 5806).
II. Joint ownership
1. Prerequisites
Art. 652
If several persons bound together into a community by legal provision or contract own an object by virtue of that community, they are joint owners and the rights of each joint owner attach to the whole object.
2. Effect
Art. 653
1 The rights and obligations of the joint owners are determined by the rules governing their legal or contractual community. 2 Unless otherwise provided, the unanimous decision of all the joint owners is required in order to exercise ownership rights and in particular to dispose of the object in any way. 3 For the duration of the community, the right to divide the object or make dispositions relating to a fraction of it is excluded.
3. Dissolution
Art. 654
1 Dissolution occurs when the object is alienated or the community is terminated. 2 Unless otherwise provided, division of the object is effected according to the provisions governing co-ownership.
III. Joint ownership of agricultural enterprises a
Art. 654a
The dissolution of joint ownership of agricultural enterprises and agricultural land is governed by the Federal Act of 4 October 1991 on Rural Land Rights.
Art. 654a — Inserted by Art. 92 No 1 of the FA of 4 Oct. 1991 on Rural Land Rights, in force since 1 Jan. 1994 (AS 1993 1410; BBl 1988 III 953). SR 211.412.11
Title Nineteen: Land Ownership
Chapter One: Object, Acquisition and Loss of Land
A. Subject matter
I. Immovable property
Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Art. 655
1 The object of land ownership is all immovable property. 2 Within the meaning of this Code, immovable property includes: 1. parcels of land and the buildings thereon; 2. distinct and permanent rights recorded in the land register; 3. mines; 4. co-ownership shares in immovable property. 3 An easement relating to immovable property may be recorded in the land register as an independent and permanent right if it: 1. is not created in favour of a benefited property nor exclusively for a specific person; and 2. is established for at least 30 years or for an unlimited period.
Art. 655 — Amended by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461). Para. 3 let. 2 — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
II. Dependent property
Art. 655a
1 A parcel of land may be linked to another parcel of land such that the owner of the main parcel of land is also the owner of the attached parcel of land. The attached parcel shares the same legal destiny as the main parcel and may not be alienated, pledged or encumbered separately. 2 If the parcels are linked for a permanent purpose, the statutory right of pre-emption of the co-owners and the right to demand dissolution may not be claimed.
Art. 655a — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
B. Acquisition
I. Registration
Art. 656
1 The acquisition of land ownership must be recorded in the land register. 2 In the case of appropriation, inheritance, compulsory purchase, debt enforcement or court judgment, the acquirer becomes the owner even before registration in the land register but obtains the power of disposal over the immovable property only once he or she has been recorded as the owner in the land register.
II. Types of acquisition
1. Transfer
Art. 657
1 In order to be binding, a contract to transfer land ownership must be executed as a public deed. 2 Disposition mortis causa and marital contracts require the forms prescribed by the law of succession and marital property law.
2. Appropriation
Art. 658
1 Immovable property recorded in the land register may be appropriated only if the register establishes that it has no owner. 2 Appropriation of land not recorded in the land register is subject to the provisions governing ownerless objects.
3. Formation of new land
Art. 659
1 If new exploitable land is formed from previously ownerless land as a result of alluvion, filling or ground displacement, changes in the course or level of public waters or in some other manner, such land belongs to the canton in which it lies. 2 The cantons are free to allocate such land to owners of adjoining land. 3 If a person can show that parts of ground have become detached from his or her property, he or she is entitled to take them back within an appropriate period.
4. Ground displacement
a. In general
Amended by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immovable Property Law) and of the Code of Obligations (Purchase of Land), in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 953).
Art. 660
1 Ground displacement from one parcel of land to another does not alter the boundaries of the parcels. 2 Earth and other objects moving from one parcel to the other in the process are subject to the provisions governing driftage or the joining and mixing of chattels.
b. Constant ground displacement
Art. 660a
1 The general principle whereby ground displacement does not alter land boundaries does not apply to areas designated by the cantons as being in permanent danger of ground displacement. 2 When designating such areas, due consideration shall be given to the characteristics of the land in question. 3 Where a parcel of land forms part of such an area, this fact must be notified in an appropriate manner to the interested parties and recorded in the land register.
Art. 660a — Inserted by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immovable Property Law) and of the Code of Obligations (Purchase of Land), in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 953).
c. Redrawing of boundaries
Art. 660b
1 If a land boundary is rendered impractical by ground displacement, any affected landowner may request that it be redrawn. 2 Any loss or gain in value shall be balanced out.
Art. 660b — Inserted by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immovable Property Law) and of the Code of Obligations (Purchase of Land), in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 953).
5. Adverse possession
a. Ordinary adverse possession
Art. 661
Where a person has been wrongly recorded in the land register as the owner of immovable property, his or her ownership may no longer be challenged if he or she has been in possession of it in good faith, uninterruptedly and without challenge for ten years.
b. Extraordinary adverse possession
Art. 662
1 Where a person has been in possession of immovable property not recorded in the land register uninterruptedly and without challenge for 30 years as if it were his or her property, he or she has the right to be registered as the owner. 2 The same right applies on the same conditions to a person in possession of immovable property whose owner is not evident from the land register or who was declared dead or presumed dead at the beginning of the 30-year adverse possession period. 3 However, such registration may be made only by court order on expiry of a publicly notified period for objections, provided no such objections have been raised or those raised have been dismissed.
c. Time limits
Art. 663
The rules for computing, interrupting and suspending adverse possession time limits are determined mutatis mutandis by the provisions governing prescription of debt claims.
6. Ownerless and public objects
Art. 664
1 Ownerless and public objects are subject to the sovereignty of the canton on whose territory they are situated. 2 No rights of private ownership apply to public waters or to land not suitable for cultivation, such as rocks and scree, firn and glaciers, or to springs rising therefrom, unless proof to the contrary is produced. 3 The cantons shall enact the provisions required to govern the appropriation of ownerless land, exploitation and common use of public objects such as roads, town and village squares, waterways and riverbeds.
III. Right to registration
Art. 665
1 By virtue of acquisition, the acquirer gains a personal claim against the owner to be recorded in the land register and, should the owner refuse, the right to have ownership awarded by court order. 2 In the case of appropriation, inheritance, compulsory purchase, debt enforcement or court judgment, the acquirer may obtain such registration on his or her own initiative. 3 Changes to land ownership occurring by operation of law as a result of marital community of property or the dissolution thereof shall be recorded in the land register at the request of either spouse.
Para. 3 — Amended by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
C. Loss
Art. 666
1 Land ownership is extinguished on deletion of the land register entry and on complete loss of the immovable property. 2 In the case of compulsory purchase, the time at which the loss occurs is determined according to federal and cantonal compulsory purchase law.
D. Judicial measures
I. Where the owner cannot be found
Art. 666a
[tab] 1 If the owner recorded in the land register cannot be identified, if his or her address is unknown or if the name or address of one or more of his or her heirs is unknown, the court may on application order the required measures. [tab] 2 The court may in particular appoint a representative. On application, it shall stipulate the extent of the powers of representation. Unless it stipulates otherwise, such powers shall be limited to measures to maintain the property. 3 The following may apply for measures to be ordered: 1. any person with a legitimate interest; 2. the land register office at the location of the immovable property. 4 The ordering of measures does not interrupt the period required to obtain extraordinary adverse possession.
Art. 666a — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
II. In the absence of the required management bodi
Art. 666b
If a legal entity or other rights holder that is recorded in the land register as the owner no longer has the required management bodies, and person with a legitimate interest or the land register office at the location of the immovable property may apply to the court for the required measures relating to the immovable property to be ordered.
Art. 666b — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Chapter Two: Substance and Limitation of Land Owne
A. Substance
I. Scope
Art. 667
1 Land ownership extends upwards into the air and downwards into the ground to the extent determined by the owner’s legitimate interest in exercising his or her ownership rights. 2 Within the limits prescribed by law, it includes all buildings and plants as well as springs.
II. Boundaries
1. Type of boundary
Art. 668
1 Land boundaries are established by the land register plans and by boundary markings on the land itself. 2 In the event of discrepancy between the existing land register plans and the boundary markings, the land register plans are presumed correct. 3 The foregoing presumption does not apply to areas designated by the canton as being in permanent danger of ground displacement.
Para. 3 — Inserted by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immovable Property Law) and of the Code of Obligations (Purchase of Land), in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 953).
2. Duty to establish boundaries
Art. 669
Every landowner is obliged, at the request of his or her neighbour, to co-operate in establishing the boundary where it is unclear, whether by amendment of the land register plans or by affixing boundary markers.
3. Co-ownership of boundary markers
Art. 670
Where boundaries are marked by features such as walls, hedges and fences, such features are presumed to be jointly owned by the two neighbouring landowners.
III. Buildings on the parcel of land
1. Land and building materials
a. Ownership
Art. 671
1 Where a person uses materials belonging to another in building work on his or her own land or materials of his or her own on land belonging to another, such materials become an integral part of the parcel of land. 2 However, where such materials are used against the will of their owner, the latter is entitled to demand that the materials be removed and returned to him or her at the landowner’s expense to the extent this is possible without causing disproportionate damage. 3 On the same condition, where the materials were used against the will of the landowner, the latter may demand that they be removed from his or her land at the expense of the builder.
b. Compensation
Art. 672
1 Where the materials are not removed from the land, the landowner must provide appropriate compensation for the cost of the materials. 2 Where the landowner on whose land the building work was carried out acted in bad faith, the court may award full damages. 3 Where the owner of the materials used in the building work acted in bad faith, the damages awarded may not exceed the minimum value of the building work to the landowner.
c. Assignment of land ownership
Art. 673
Where the value of the building plainly exceeds the value of the land, the party acting in good faith may request that ownership of both building and land be assigned to the owner of the materials in exchange for appropriate compensation.
2. Encroaching buildings
Art. 674
1 Buildings and other structures encroaching from one parcel of land onto another remain part of the parcel from which they originate, providing their owner has a right in rem to their existence. 2 The right to encroach on neighbouring land may be recorded as an easement in the land register. 3 If an injured party fails to object in timely manner to an unauthorised encroachment, despite being aware of it, where justified in the circumstances the builder of the encroaching structure, provided he or she acted in good faith, may be granted ownership of the encroaching part thereof or of the land below it in exchange for appropriate compensation.
3. Building right
Art. 675
1 Buildings and other structures that are dug into or built onto land belonging to another person or otherwise permanently connected with that parcel of land on or below its surface may have a separate owner provided their existence is recorded as an easement in the land register. 2 The creation of rights to buildings in respect of individual storeys of a building is not permitted.
4. Pipes, cables, conduits
Art. 676
1 Pipes, cables and conduits for water, gas, electricity and the like located outside the parcel of land which they serve are, except where otherwise regulated, the property of the utility plant from which they come or to which they lead. 2 Where the provisions of the law of neighbours do not apply, the encumbrance of parcels of land by rights in rem relating to such pipes, cables and conduits belonging to another person is established by way of easement. 3 If the pipe, cable or conduit is visible, the easement is created when the pipe, cable or conduit is laid. In other cases, it is created by entry in the land register.
Para. 1 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283). Para. 3 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
5. Movable structures
Art. 677
1 Sheds, huts, shacks, cabins and the like retain their separate owner if they are constructed on land belonging to another person without the intention of becoming a permanent fixture. 2 Their existence is not recorded in the land register.
IV. Plants grown on the parcel of land
Art. 678
1 Where a person uses another person’s plants on his or her own land or his or her own plants on another person’s land, the same rights and obligations arise as for the use of building materials or for movable structures. 2 An easement corresponding to a building right may be created in respect of individual plants and plantations for a minimum of ten and a maximum of 100 years. 3 The servient owner may request the termination of the easement before the end of the agreed duration in the event of the termination of a lease agreement concluded between him or her and the easement beneficiary concerning the use of the land. The court shall determine the financial consequences taking due account of all the circumstances.
Para. 2 — Amended by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4121; BBl 2002 4721). Para. 3 — Inserted by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4121; BBl 2002 4721).
V. Landowner’s liability
1. Acts in excess of ownership rights
Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Art. 679
1 Where a person incurs or is at risk of damage because a landowner acts in excess of his or her ownership rights, he or she may sue for abatement of the damage or for protection against any imminent damage and for damages. 2 Where a building or installation deprives a neighbouring parcel of land of certain properties, the aforementioned rights apply only if the regulations that applied at the time the building or installation was constructed were not complied with.
Para. 2 — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
2. Lawful management of the land
Art. 679a
Where a landowner temporarily causes excessive and unavoidable disadvantages to a neighbour while managing his or her parcel of land lawfully, in particular by building and thus causes damage, the neighbour may only claim damages from the landowner.
Art. 679a — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
B. Limitations
I. In general
Art. 680
1 Statutory restrictions on ownership exist irrespective of whether they are recorded in the land register. 2 Any lifting or modification thereof by agreement is invalid unless executed in the form of a public deed and recorded in the land register. 3 Public law restrictions on ownership may not be revoked or modified.
II. Restrictions on alienation; statutory right of
1. General principles
Art. 681
1 Statutory rights of pre-emption may also be exercised in the case of compulsory sale at auction, but only at the auction itself and on the conditions that apply to a sale to the highest bidder; in other respects statutory rights of pre-emption may be exercised subject to the conditions that apply to contractual rights of pre-emption. 2 The right of pre-emption becomes void if the land is sold to a person with a right of pre-emption of equal or higher rank. 3 Statutory rights of pre-emption may neither be inherited nor assigned. They take precedence over contractual rights of pre-emption.
Art. 681 — Amended by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immovable Property Law) and of the Code of Obligations (Purchase of Land), in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 953).
2. Exercise
Art. 681a
1 Where a purchase agreement is concluded, the vendor must notify persons with a right of pre-emption of the terms thereof. 2 If a person wishes to exercise his or her right of pre-emption, he or she must assert it within three months of learning of the conclusion and terms of the purchase agreement. Such a right may no longer be exercised once two years have elapsed since the entry of the new owner in the land register. 3 During that time a person may exercise a right of pre-emption against any owner of the land.
Art. 681a — Inserted by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immovable Property Law) and of the Code of Obligations (Purchase of Land), in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 953).
3. Modification, waiver
Art. 681b
1 An agreement excluding or modifying a statutory right of pre-emption is valid only if executed in the form of a public deed. It may be entered under priority notice in the land register provided the right of pre-emption is held by the current owner of another parcel of land. 2 The beneficiary may waive his or her statutory right of pre-emption in writing once the event that triggers it has occurred.
Art. 681b — Inserted by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immovable Property Law) and of the Code of Obligations (Purchase of Land), in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 953).
4. In respect of co-ownership and building rights
Amended by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immovable Property Law) and of the Code of Obligations (Purchase of Land), in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 953).
Art. 682
1 Co-owners have a right of pre-emption against any person acquiring a share who is not a co-owner. If several co-owners exercise their right of pre-emption, the share is allocated to them in proportion to their existing shares. 2 The owner of a parcel of land encumbered with a distinct and permanent building right shall also have a right of pre-emption in respect of that right over anyone wishing to acquire it, and the holder of the right has a right of pre-emption in respect of the parcel of land it encumbers, providing the land is used in the exercise of his or her right. 3 ...
Art. 682 — Amended by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461). Para. 1 — Amended by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immovable Property Law) and of the Code of Obligations (Purchase of Land), in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 953). Para. 3 — Repealed by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immovable Property Law) and of the Code of Obligations (Purch
5. Right of pre-emption of farms and farmland
Art. 682a
Rights of pre-emption of agricultural enterprises and agricultural land are also governed by the Federal Act of 4 October 1991 on Rural land Rights.
Art. 682a — Inserted by Art. 92 No 1 of the FA of 4 Oct. 1991 on Rural Land Rights, in force since 1 Jan. 1994 (AS 1993 1410; BBl 1988 III 953). SR 211.412.11
Art. 683
Repealed by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immovable Property Law) and of the Code of Obligations (Purchase of Land), with effect from 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 953).
III. Law of neighbours
1. Excess detriment
Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Art. 684
1 In exercising their ownership rights, including in particular the right to run a business on his or her land, landowners are obliged to refrain from any excess detrimental to neighbouring properties. 2 In particular all harmful effects that are not justified by the location and character of the land or by local custom such as air pollution emissions of noxious vapours, noise, vibrations, radiation or the deprivation of sunlight or daylight are prohibited.
Para. 2 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
2. Excavation and construction
a. Rule
Art. 685
1 When carrying out excavation or construction work, the owner is not permitted to damage the adjoining properties by causing their terrain to shift, exposing it to the risk of shifting or by weakening existing structures. 2 Buildings which contravene the provisions of the law of neighbours are subject to the provisions governing encroaching buildings.
b. Cantonal regulations
Art. 686
1 The cantons may set minimum separation distances to be observed in excavation and construction works. 2 They have the right to issue further building regulations.
3. Plants
a. Rule
Art. 687
1 Overhanging branches and roots encroaching beyond the boundary may be severed and kept by the neighbour if they are damaging his or her property and have not been removed within a reasonable time following his or her complaint in relation thereto. 2 If a landowner tolerates branches overhanging cultivated or developed land, he or she is entitled to the fruit that grows on them. 3 These provisions do not apply to adjoining parcels of woodland.
b. Cantonal regulations
Art. 688
The cantons are authorised to set minimum separation distances for plantations depending on the type of land and plants involved or to oblige the landowner to permit the overhanging branches or encroaching roots of fruit trees and to regulate or annul his or her right to take the fruit from such branches.
4. Flowing waters
Art. 689
1 Every landowner is obliged to receive the waters flowing naturally from a higher-lying parcel of land, such as rainwater, melting snow and water from unchannelled springs. 2 No person may alter the natural course of flow to his or her neighbour’s damage. 3 Water flowing to a lower-lying parcel of land and required by that property may be withheld only to the extent that such water is indispensable to the higher-lying parcel of land.
5. Drainage
Art. 690
1 Where a higher-lying parcel of land is drained, the owner of lower-lying parcel of land is obliged to receive such water as previously flowed naturally onto his or her land without being entitled to compensation. 2 If he or she suffers damage as a result of drainage channels, he or she may require the owner of the higher-lying parcel of land to continue such channels through the lower-lying parcel of land at the latter’s expense.
6. Pipes, cables, conduits
a. Duty to permit
Art. 691
1 Every landowner is obliged to permit water conduits, drainage pipes, gas pipes and the like and subterranean or overhead cables to traverse his or her land in exchange for full compensation, to the extent that such works would be impossible or prohibitively expensive if they did not traverse his or her land. 2 The right for pipes, cables and conduits to traverse an adjoining parcel of land may not be claimed on the basis of the law of neighbours in cases subject to compulsory purchase under cantonal or federal law. 3 At the request of the dominant or the servient owner, such rights shall be recorded in the land register as an easement at the expense of the dominant owner. The right for pipes, cables and conduits to traverse an adjoining parcel of land may be cited in opposition to a person acquiring a parcel of land in good faith, even if it is not registered.
Para. 1 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283). Para. 3 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
b. Safeguarding the interests of the servient land
Art. 692
1 The servient owner is entitled to just and equitable consideration of his or her own interests. 2 Where justified by extraordinary circumstances, he or she may request that the piece of the land above which overhead pipes, cables and conduits are to be routed together with a reasonable portion of the surrounding land be purchased from him or her at its full value.
c. Change of circumstances
Art. 693
1 If circumstances change, the servient owner may request that the route of the pipe, cable or conduit be altered in accordance with his or her interests. 2 The costs of such re-routing are normally borne by the owner of the dominant property. 3 However, where justified by special circumstances, an appropriate portion of the costs may be charged to the servient owner.
7. Rights of way
a. Necessary right of way
Art. 694
1 Where a landowner does not have adequate access from his or her land to a public thoroughfare, he or she has the right to require his or her neighbours to grant him or her the necessary right of way in exchange for full compensation. 2 This right is in the first place exercised against the neighbour who, in the light of existing ownership and access circumstances, may most reasonably be expected to grant such right of way, and secondly in respect of the neighbour for whom it is least damaging. 3 When determining the route of a right of way, the interests of both parties must be taken into consideration.
b. Other rights of way
Art. 695
The cantons reserve the right to enact more detailed provisions which govern the landowner’s right to enter neighbouring land for the purposes of managing his or her own land or carrying out repairs or building works and which regulate rights of way for the purpose of tillage, watering cattle, transit over fallow ground or in the dead season, transit for timber gathering, and the like.
c. Notation in the land register
Art. 696
1 Rights of way established directly by law exist without need for registration. 2 However, if permanent they are noted in the land register.
8. Enclosure
Art. 697
1 The costs of enclosing a parcel of land are borne by its owner, subject to the provisions governing co-ownership of boundary markers. 2 Cantonal law may enact provisions governing the duty to enclose and the manner of enclosure.
9. Duty to maintain
Art. 698
The costs of any structures required for the exercise of rights under the law of neighbours are borne by the landowners in proportion to their interests.
IV. Right of access and to ward off danger
1. Access
Art. 699
1 Any person has the right to enter woodlands and meadows and to gather wild berries, fungi and the like to the extent permitted by local custom except where the competent authority enacts specific limited injunctions in the interests of conservation. 2 Cantonal law may enact more detailed regulations on access to land owned by others for the purposes of hunting and fishing.
2. Retrieval of driftage and the like
Art. 700
1 If objects are carried onto another parcel of land by water, wind, avalanche or other force of nature or by chance event, or if animals such as livestock, swarms of bees, poultry and fish stray onto his or her property, the landowner must grant the rightful owner access to his or her land to search for and retrieve them. 2 The landowner is entitled to claim damages for any damage caused and to that end has a special lien as to such objects and animals.
3. Trespass to ward off danger or damage
Art. 701
1 If a person is able to ward off imminent damage or present danger from himself or herself or others only by trespassing on land belonging to another, the latter is obliged to tolerate such trespass to the extent that such danger or damage would be considerably greater than the detriment caused by the trespass. 2 Appropriate compensation is owed for any resultant damage.
V. Public law restrictions on ownership
1. In general
Art. 702
The Confederation, cantons and communes reserve the right to impose restrictions on ownership that are in the public interest, and in particular that relate to building, fire and health regulations, forestry and road services, towpaths, erection of boundary markings and triangulation pillars, land improvements, fragmentation of landholdings, consolidation of agricultural land and building land, conservation of antiquities and natural monuments, preservation of areas of natural beauty and scenic vantage points and protection of mineral springs.
2. Land improvements
Art. 703
1 Where it is possible to carry out land improvements, such as watercourse modifications, drainage, irrigation, reforestation, path-building, land consolidation procedures and the like, only by collective endeavour and such endeavour has been approved by the majority of the landowners owning more than half of the land involved, the other landowners are obliged to participate. Landowners who choose not to participate in the decision-making process are deemed to consent. Participation is recorded in the land register. 2 The cantons regulate the procedure. In particular, they must issue detailed rules on consolidation of landholdings. 3 Cantonal legislation may further facilitate the realisation of such land improvements and may declare that the corresponding provisions also apply to building land and to areas designated as being in permanent danger of ground displacement.
Art. 703 — Amended by Art. 121 of the Agriculture Act of 3 oct. 1951, in force since 1 Jan. 1954 (AS 1953 1073; BBl 1951 I 130). Para. 3 — Amended by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immovable Property Law) and of the Code of Obligations (Purchase of Land), in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 953).
C. Rights to springs and wells
I. Spring ownership and spring rights
Art. 704
1 Springs are an integral part of the land and their ownership may be acquired only through ownership of the land from which they rise. 2 Rights to spring water on land owned by others are established as easements by entry in the land register. 3 Groundwater is deemed equivalent to springs.
II. Diversion of springs
Art. 705
1 Cantonal law may regulate, restrict or prohibit the diversion of spring waters to safeguard the public interest. 2 In the event of conflict between cantons, the final decision rests with the Federal Council.
III. Cutting off springs
1. Damages
Art. 706
1 Where springs and wells that enjoy considerable use or whose waters are collected for further use are cut off, diminished or contaminated by building works, installations or other measures to the detriment of their owners or rightful users, such persons are entitled to claim damages. 2 Where the damage was done neither intentionally nor through negligence, or the injured parties are themselves at fault, the court determines the amount and manner of compensation at its discretion.
2. Restoration
Art. 707
1 If springs and wells that are indispensable for the exploitation or habitation of a parcel of land or for the supply of drinking water are cut off or contaminated, those affected have the right to demand that the status quo ante be restored where at all possible. 2 In other cases restoration of the status quo ante may be demanded only where this is justified by special circumstances.
IV. Community of spring owners
Art. 708
1 Where springs located near to each other and belonging to different owners form a group rising from a common catchment basin, each of the owners may request that the springs be collectively captured and channelled to the rightful users in proportion to the existing volume of flow. 2 The costs of the common installations are borne by the rightful users in proportion to their respective interests. 3 If one user opposes the request, each user has the right to capture and divert his or her own spring in the normal manner, even if the volume of flow of the other springs is thereby diminished, and is liable to pay compensation only to the extent that his or her own spring is augmented by the new works.
V. Use of springs
Art. 709
The cantons have the right to determine the extent to which privately owned springs, wells and streams may also be used by neighbours and other persons for drawing water, watering livestock and the like.
VI. Right to use an essential water source
Art. 710
1 If a parcel of land lacks the water required for domestic and farming requirements and if such water cannot be obtained from anywhere else except at an entirely disproportionate cost and effort, the owner may request that a neighbour able to spare such water without suffering hardship allow him or her a share of the latter’s spring or well to him or her in exchange for full compensation. 2 When determining which water source is thus affected, the interests of the person required to supply the water are the primary consideration. 3 Where circumstances change, a modification of the arrangement in place may be requested.
VII. Duty to cede
1. Water sources
Art. 711
1 Where landowners make no use of springs, wells or streams, or make very little use thereof in comparison with their potential utility, they may be required to cede them in exchange for full compensation for supplying drinking water, fire hydrants or other uses in the public interest. 2 Such compensation may take the form of water supplied from the new installation.
2. Land
Art. 712
Owners of drinking water utilities have the right to expropriate the land surrounding their springs to the extent necessary to protect them from contamination.
Chapter Three: Condominium
Inserted by No II of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).
A. Definition and object
I. Definition
Art. 712a
1 Condominium is a form of co-ownership of immovable property that gives the co-owner the exclusive right to make sole use of specific parts of a building thereon and design the interior of such parts. 2 Each condominium owner is free to manage, use and design the structure of his or her own parts of the building as he or she wishes but must not obstruct any other condominium owners in the exercise of their own rights or in any way damage the common parts of the building, fittings and installations or impair their functional effectiveness or appearance. 3 Each condominium owner is obliged to maintain his or her parts of the building in the manner required to preserve the sound condition and good appearance of the building as a whole.
II. Object
Art. 712b
1 The object of the exclusive right may be individual storeys or parts of a storey which must be self-contained with their own access and used either as dwellings or as self-contained units of rooms used for business or other purposes, although separate ancillary rooms are allowed. 2 The condominium owner may not be granted an exclusive right to the following: 1. the land on which the building stands and the building right by virtue of which it is constructed; 2. the parts of the building that are vital to the soundness, structure and stability of the building as a whole or of the units of other condominium owners or that determine the outward form and appearance of the building; 3. the fittings and installations that also serve the other condominium owners in the use of their units. 3 The deed of constitution or a subsequent agreement among the condominium owners executed in the same form may stipulate that other parts of the building are common property, failing which they are presum
III. Power of disposal
Art. 712c
1 Condominium owners do not by law have first right of refusal in respect of a third party acquiring a share, but such right may be stipulated in the deed of constitution or by subsequent agreement and entered under priority notice in the land register. 2 Similarly, it may be stipulated that the alienation, encumbrance with usufruct or right of residence or letting of a unit is valid only if the other co-owners do not object by resolution made within 14 days of receiving notice of such transaction. 3 The objection is ineffective if made without good cause.
Para. 3 — Amended by Annex 1 No II 3 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
B. Creation and extinction
I. Deed of constitution
Art. 712d
1 Condominium is constituted by entry in the land register. 2 Such entry may be requested: 1. on the basis of an agreement between the condominium owners to constitute their shares as condominium; 2. on the basis of a declaration by the owner of the property or the holder of a distinct and permanent building right to form shares in co-ownership and to constitute the same as condominium. 3 In order to be valid, the constitution of condominium must be executed in the form of a public deed or, where provided for in a disposition mortis causa or in a contract of division of estate, in the form prescribed by the law of succession.
II. Layout of the condominium units and shares in
Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Art. 712e
1 The deed of constitution must specify the manner in which the property is divided into condominium units and define the share that each unit represents of the value of the property or of the building right expressed as fractions with a common denominator. 2 Alteration of the size of a share requires the consent of all directly involved parties and the approval of the assembly of condominium owners; however, each condominium owner is entitled to seek rectification if his or her share has been defined incorrectly in error or is no longer accurate owing to structural modifications to the building or its surroundings.
Para. 1 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
III. Extinction
Art. 712f
1 Condominium is extinguished on the loss of the property or the building right and its deletion from the land register. 2 Such deletion may be requested in accordance with a termination agreement or by a single condominium owner holding all the shares, but it requires the consent of all persons with rights in rem to the individual units which cannot be transferred to the property as a whole without detriment. 3 Any condominium owner may request termination of the condominium where: 1. more than half the value of the building has been destroyed and reconstruction would impose an onerous burden on him; or 2. the building has been divided into condominium units for more than 50 years and can no longer be used in accordance with the regulations due to its poor structural condition. 4 Condominium owners wishing to maintain the condominium may prevent such termination by buying out the others.
Para. 3 let. 2 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283). Para. 4 — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
C. Administration and use
I. Applicable provisions
Art. 712g
1 The provisions governing co-ownership regulate the authority to take administrative action and instruct construction work. 2 Except where such provisions are mandatory, they may be replaced by others set out in the deed of constitution or adopted by unanimous resolution of the assembly of condominium owners. 3 Moreover, each condominium owner is entitled to request that a set of rules governing administration and use be drawn up and noted in the land register, such rules being binding once accepted by resolution passed by a majority of the condominium owners who together represent more than one-half of the property and being subject to amendment by the same majority even if included in the deed of constitution. 4 Any amendment to the allocation of exclusive rights of use in accordance with the regulations shall also require the consent of the condominium owners directly affected.
Para. 4 — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
II. Communal charges and costs
1. Definition and distribution
Art. 712h
1 The condominium owners bear the charges in relation to the communal parts of the property and the costs of joint administration in proportion to the value of their shares. 2 In particular, such charges and costs include: 1. regular maintenance, repairs and renovations of the communal parts of the parcel of land and the building and shared fittings and installations; 2. administration, including remuneration of the administrator; 3. public duties and taxes imposed collectively on the co-owners; 4. interest and capital repayments to lenders to whom the property is pledged or to whom the condominium owners are jointly and severally liable. 3 Where specific parts of the building, fittings or installations are of little or no benefit to certain condominium owners, the allocation of shared costs must take this into account.
2. Liability for cost contributions
a. Statutory lien
Art. 712i
1 The community of condominium owners is entitled to establish a lien on each condominium owner’s unit as security for his or her portion of the shared costs over the previous three years. 2 Registration of the lien may be requested by the administrator or, where no administrator has been appointed, by any condominium owner so authorised by majority resolution or court order and by any person for whom the claim for shared costs has been distrained. 3 In other respects, the provisions governing the establishment of a building contractor’s lien apply mutatis mutandis.
b. Special lien
Art. 712k
The community of condominium owners has the same special lien that a lessor would have on the chattels located in the condominium owner’s unit as security for shared costs over the previous three years.
III. Community’s capacity to act
Art. 712l
1 The community of condominium owners acquires under its own name the revenue derived from its administrative activities, including in particular contributions from the individual condominium owners and the resultant funds, such as the renovation fund. 2 The community of condominium owners may sue and collect debts in its own name and may be sued or subjected to debt enforcement proceedings.
Para. 2 — Amended by Annex No 2 of the Civil Jurisdiction Act of 24 March 2000, in force since 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).
D. Organisation
I. Assembly of condominium owners
1. Competence and legal status
Art. 712m
1 In addition to those rights stipulated in other provisions, the assembly of condominium owners has the following rights in particular: 1. to decide on all administrative matters outside the administrator’s remit; 2. to appoint the administrator and supervise his or her activities; 3. to elect a committee or person to whom it may delegate administrative matters, including in particular the tasks of advising the administrator, superintending his or her management activities, and reporting and making recommendations to the assembly on such matters; 4. to approve the budget, accounts and division of costs among the condominium owners each year; 5. to establish a renovation fund for maintenance and renovation; 6. to safeguard the building against fire and other risks and to take out the customary liability insurance and, furthermore, to require any condominium owner who has fitted his or her unit out at extraordinary expense to pay an additional premium unless he or she has arranged suppl
2. Convening and chairing meetings
Art. 712n
1 The assembly of condominium owners is convened and chaired by the administrator, unless the assembly resolves otherwise. 2 Minutes are taken of the assembly’s resolutions and held in safekeeping by the administrator or the chairman of the meeting.
3. Voting rights
Art. 712o
1 Where a unit is owned by more than one person, these persons together have only one vote, to be cast by one of their number as their representative. 2 Similarly, the owner and the usufructuary of a unit must agree on the exercise of their voting rights, failing which the usufructuary is deemed to hold the right to vote on all administrative matters with the exception of building work carried out for merely useful or decorative purposes or to enhance comfort or convenience.
4. Quorum
Art. 712p
1 The assembly of condominium owners is quorate if one half of the condominium owners representing one half of the shares in condominium, and in any event at least two condominium owners, are present or represented. 2 If the assembly is not quorate, a second meeting must be convened which may be held no earlier than ten days after the first. 3 The second meeting is quorate if one third of the condominium owners, and in any event at least two condominium owners, are present or represented.
II. Administrator
1. Appointment
Art. 712q
1 If the assembly of condominium owners fails to appoint an administrator, any condominium owner is entitled to request the court to appoint one. 2 Other interested parties, such as the pledgee or insurer, have the same right to request court appointment of an administrator.
2. Removal
Art. 712r
1 By resolution of the assembly of condominium owners, the administrator may be removed from his or her position at any time, subject to claims for compensation. 2 If the assembly of condominium owners refuses to remove the administrator despite good cause to do so, any condominium owner may, within one month, request the court to remove him or her. 3 A court-appointed administrator may not be removed prior to expiry of the period for which he or she was appointed.
3. Duties
a. Implementation of provisions and resolutions co
Art. 712s
1 The administrator shall take all action required for collective administration in accordance with the relevant legal provisions, the rules and resolutions passed by the assembly of condominium owners and must of his or her own accord take all measures urgently needed to prevent or remedy damage to the property. 2 He or she divides the communal costs and charges among the condominium owners, makes out the relevant invoices, collects contributions, manages the available funds and applies them as required by law. 3 He or she ensures that the condominium owners exercise their exclusive rights and use the communal parts of the property and the communal fittings and installations in accordance with the relevant legal provisions, regulations and house rules.
b. External representation
Art. 712t
1 The administrator shall represent the condominium owners both as a community and as individuals in all external dealings relating to communal administration within the scope of his or her statutory duties. 2 Except in summary proceedings, the administrator must obtain the prior approval of the assembly of condominium owners to act as plaintiff or defendant in civil proceedings unless the matter is urgent, in which case such approval may be obtained retrospectively. 3 Declarations, demands, judgments and court orders addressed to the community of condominium owners are deemed duly notified once they are served on the administrator at his or her domicile or at the place where the property is situated.
Title Twenty: Chattel Ownership
A. Object
Art. 713
Chattel ownership relates to movable physical objects and to forces of nature that may be the subject of legal rights and which do not form part of any immovable property.
B. Forms of acquisition
I. Transfer
1. Delivery of possession
Art. 714
1 Transfer of chattel ownership requires the delivery of possession to the acquirer. 2 A person who in good faith receives possession of a chattel as owner will become its owner even if the transferor is not authorised to alienate it as soon his or her possession of it is protected according to the provisions governing possession.
2. Reservation of ownership
a. In general
Art. 715
1 Reservation of ownership in respect of a chattel transferred to the acquirer is only effective provided it is entered in the official register kept by the debt enforcement office at his or her current domicile. 2 Reservation of ownership is not permitted in livestock trading.
b. Transactions involving payment by instalments
Art. 716
An object transferred under reservation of ownership may be reclaimed by the owner only on condition that he or she reimburse any payments made for it by the acquirer after deduction of an appropriate rental charge and compensation for wear and tear.
3. Acquisition without possession
Art. 717
1 If as a result of a special legal relationship, the chattel remains in the transferor’s possession, this transfer of ownership is null and void in relation third parties if the underlying intention was to disadvantage them or to circumvent the provisions governing the pledging of chattels. 2 The court shall rules on this at its discretion.
II. Appropriation
1. Ownerless chattels
Art. 718
Ownership of an ownerless chattel is acquired by the act of taking it into possession with the intention of becoming its owner.
2. Escaped animals
Art. 719
1 Captured animals become ownerless if they regain their freedom and their owner fails to search for them immediately and persistently with a view to recapturing them. 2 Domesticated animals become ownerless once they regress to a feral state and no longer return to their masters. 3 Swarms of bees do not become ownerless by virtue of straying onto land belonging to others.
III. Found property
1. Reporting, tracing
a. In general
Amended by No I of the FA of 4 Oct. 2002 (Article of Basic Principles: Animals), in force since 1 April 2003 (AS 2003 463; BBl 2002 4164 5806).
Art. 720
1 A person finding a lost object must inform its owner and, if the latter is unknown, either report the find to the police or himself take appropriate steps to publicise the find and trace the owner. 2 He or she has a duty to report the find to the police if the value of the object clearly exceeds ten francs. 3 A person who finds an object in an occupied house or on premises used for public services or public transport must deposit it with the head of the household, the tenant or the supervisor.
b. Animals
Art. 720a
1 A person who finds a lost animal must, subject to Art. 720 para. 3, inform the owner or, if the latter is unknown, report his or her find. 2 The cantons designate the authority to which such finds must be reported.
Art. 720a — Inserted by No I of the FA of 4 Oct. 2002 (Article of Basic Principles: Animals), in force since 1 April 2003 (AS 2003 463; BBl 2002 4164 5806). Para. 2 comes into force on 1 April 2004.
2. Safekeeping and auction
Art. 721
1 A find must be held in appropriate safekeeping. 2 If it requires expensive maintenance or is susceptible to rapid deterioration, or if the police or a public body has held it for more than one year, it may be sold at public auction with the prior authorisation of the competent authority. 3 The proceeds of sale at auction replace the object.
3. Acquisition of ownership, return
Art. 722
1 A person who has discharged his or her duties as finder acquires ownership of the find if it has not been possible to trace the rightful owner within five years of the announcement or public notice being given of the find. 1bis In the case of animals kept as pets rather than for investment or commercial purposes, the period is two months. 1ter If the finder puts the animal in a home with the intention of renouncing its ownership, on expiry of the two-month period the animal home is at liberty to dispose of the animal as it sees fit. 2 If the find is returned to its owner, the finder is entitled to compensation for all outlays and to a suitable finder’s reward. 3 In the case of a find made in an occupied house or on premises used for public services or public transport, the head of the household, tenant or supervisor is deemed to be the finder but is not entitled to any finder’s reward.
Para. 1bis — Inserted by No I of the FA of 4 Oct. 2002 (Article of Basic Principles: Animals), in force since 1 April 2003 (AS 2003 463; BBl 2002 4164 5806). Para. 1ter — Inserted by No I of the FA of 4 Oct. 2002 (Article of Basic Principles: Animals), in force since 1 April 2003 (AS 2003 463; BBl 2002 4164 5806).
4. Treasure trove
Art. 723
1 If an object of value is found in circumstances indicating with certainty that it has lain buried or hidden so long that it will not be possible to trace its owner, it is treated as treasure trove. 2 Subject to the provisions governing objects of scientific value, treasure trove belongs to the owner of the land or chattel where it was found. 3 The finder is entitled to an appropriate finder’s reward not exceeding one-half of the treasure’s value.
5. Objects of scientific value
Art. 724
1 Ownerless natural specimens and antiquities of scientific value are the property of the canton on whose territory they are found. 1bis Such objects must not be alienated without the consent of the competent cantonal authorities. They may not be purchased in good faith or acquired through adverse possession. There is no prescriptive period on the canton’s right to recover them. 2 The owner of the land on which such objects are found is obliged to permit their excavation in exchange for compensation for the damage caused. 3 The finder, and in the case of treasure trove also the owner is entitled to an appropriate finder’s reward not exceeding one-half of the value of the find.
Para. 1 — Amended by Art. 32 No 1 of the Cultural Property Transfer Act of 20 June 2003, in force since 1 June 2005 (AS 2005 1869; BBl 2002 535). Para. 1bis — Inserted by Art. 32 No 1 of the Cultural Property Transfer Act of 20 June 2003, in force since 1 June 2005 (AS 2005 1869; BBl 2002 535).
IV. Driftage
Art. 725
1 If chattels are carried onto a person’s property by water, wind, avalanche or other force of nature or by chance event, or if animals belonging to others stray onto his or her property, such a person has the rights and obligations of the finder of a lost object. 2 If a swarm of bees flies into an occupied beehive belonging to another person, the owner of that hive acquires said swarm without obligation to compensate.
V. Processing
Art. 726
1 If a person has processed or reworked an object that does not belong to him, the newly created object becomes the property of that person if the work is more valuable than the material, failing which it belongs to the original owner. 2 Where the person doing such work did not act in good faith, the court may award the newly created object to the original owner even if his or her work is more valuable than the material. 3 Claims for damages and unjust enrichment are reserved.
VI. Joining and mixing chattels
Art. 727
1 If chattels belonging to different owners are mixed or joined together such that they may no longer be separated without substantial damage or prohibitive labour and expense, those involved acquire joint ownership rights in the new object in proportion to the value of the constituent parts at the time that they were mixed or joined. 2 If one chattel is mixed with or joined to another such that it acquires the character of a secondary component of the latter, the entire object belongs to the owner of the primary component. 3 Claims for damages and unjust enrichment are reserved.
VII. Adverse possession
Art. 728
1 If a person has possessed a chattel belonging to another person uninterruptedly and without challenge for five years believing in good faith that he or she owns it, he or she becomes its owner by adverse possession. 1bis In the case of animals kept as pets rather than for investment or commercial purposes, the period is two months. 1ter Subject to exceptions prescribed by law, the time limit for adverse possession in the case of objects of cultural heritage within the meaning of Art. 2 para. 1 of the Cultural Property Transfer Act of 20 June 2003 is 30 years. 2 Involuntary loss of possession does not interrupt adverse possession provided the possessor regains the chattel within one year or by means of legal action brought within the same time limit. 3 The computation, interruption and suspension of adverse possession time limits are governed mutatis mutandis by the provisions on the prescription of debts.
Para. 1bis — Inserted by No I of the FA of 4 Oct. 2002 (Article of Basic Principles: Animals), in force since 1 April 2003 (AS 2003 463; BBl 2002 4164 5806). Para. 1ter — SR 444.1 Para. 1ter — Inserted by Art. 32 No 1 of the Cultural Property Transfer Act of 20 June 2003, in force since 1 June 2005 (AS 2005 1869; BBl 2002 535).
C. Loss
Art. 729
Even where possession has been lost, ownership of the chattel is not extinguished until the owner relinquishes his or her right or until another person subsequently acquires ownership.
Division Two: Limited Rights in rem
Title Twenty-One: Easements and Real Burdens
Chapter One: Easements
A. Object
Art. 730
1 A parcel of land may be encumbered in favour of another property such that the servient owner must permit the owner of the dominant property to exercise certain rights over it to or may not exercise certain of the rights attaching to his or her property for the benefit of the owner of the dominant property. 2 An obligation to carry out certain acts may only be accessory to an easement. Any person acquiring the dominant or servient property is only bound by such an obligation if it is based on an entry in the land register.
Para. 2 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
B. Creation and extinction
I. Creation
1. Registration
Art. 731
1 An easement is created by entry in the land register. 2 The provisions governing land ownership apply to the acquisition or registration of an easement, except where otherwise provided. 3 Adverse possession of an easement is possible only in respect of parcels of land which may be possessed adversely.
2. Legal transaction
Art. 732
1 The legal transaction creating an easement is only valid if done as a public deed. 2 If in the circumstances the exercise of the easement is limited to part of the dominant property and if the geographical location is not sufficiently identifiable in the certificate of legal title, it must be shown in a diagram in an extract of the plan for the land register.
Art. 732 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
3. Creation in favour of own property
Art. 733
The owner of a property may create an easement on a property in favour of another property which he or she also owns.
II. Extinction
1. In general
Art. 734
An easement is extinguished with the deletion of its registration or the complete loss of either the servient or the dominant property.
2. Amalgamation
Art. 735
1 If the beneficiary of an easement becomes the servient owner, he or she may have the easement deleted from the land register. 2 If it is not deleted, the easement remains in place as a right in rem.
3. By court order
Art. 736
1 If an easement is of no value to the dominant property, the servient owner may request its deletion. 2 If the dominant property still derives a benefit from the easement but this is minor and disproportionate to the encumbrance, the easement may be partly or wholly cancelled in return for compensation.
C. Nature
I. Scope
1. In general
Art. 737
1 The beneficiary is entitled to take all measures necessary to preserve and exercise the easement. 2 However, he or she is obliged to exercise his or her rights as benignly as possible. 3 The servient owner must not do anything to obstruct the exercise of the easement or render it more difficult.
2. As defined by land register entry
Art. 738
1 The land register entry for an easement defines the scope of the easement, provided it clearly indicates the attendant rights and duties. 2 Within the limits of such entry, the scope of the easement may be inferred from the reason for its creation or from the fact that it has been exercised unchallenged and in good faith for some length of time.
3. If needs change
Art. 739
Additional encumbrances may not be imposed on the servient owner if the needs of the dominant property change.
4. Cantonal law and local custom
Art. 740
In the absence of any other specific arrangement in a given case, cantonal law and local custom shall govern rights of way, such as footpaths, bridle paths, carriageways, field paths, rights of transit in the dead season or for carting wood, rights of pasture, of transit for watering cattle or for irrigation and similar rights.
5. In the case of two or more beneficiaries
Art. 740a
1 If two or more beneficiaries benefit from common fixtures based on the same easement and if no other agreement exists, the provisions applicable to co-owners apply by analogy. 2 The right to leave the community by waiving the easement may be excluded for a maximum of 30 years by agreement in the form specified for the easement agreement. The agreement may be noted in the land register.
Art. 740a — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
II. Duty of maintenance
Art. 741
1 The beneficiary is responsible for maintaining any fixtures required for the exercise of an easement. 2 If the fixture also serves the interests of the servient owner, both parties are responsible for its maintenance in proportion to their interests. An alternative arrangement is binding on the acquirer of the dominant and the acquirer of the servient property if there is proof thereof in the land register.
Para. 2 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
III. Relocation of the encumbrance
Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Art. 742
1 If only part of a property is affected by the exercise of an easement, the servient owner is entitled, provided he or she can show a legitimate interest and bears the cost, to request that the right be transferred to another location which is no less suitable for the beneficiary. 2 He or she is entitled to do so even if the easement is recorded in the land register as being in a specific location. 3 ...
Para. 3 — Repealed by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), with effect from 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
IV. Partition of a property
Art. 743
1 If the dominant property is partitioned, the easement normally continues to exist in favour of each part of the dominant property. 2 If according to the documentary evidence or the circumstances the exercise of the easement is limited to individual parts of the property, it must be deleted in respect of the other parts. 3 The revision procedure is governed by the regulations on the deletion and amendment of land register entries.
Art. 743 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Art. 744
Repealed by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), with effect from 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Chapter Two: Usufruct and other Personal Servitude
A. Usufruct
I. Object
Art. 745
1 A usufruct may be held over chattels, immovable property, rights or assets. 2 Unless otherwise provided, it confers complete enjoyment of the object on the usufructuary. 3 A usufruct of immovable property may be limited to a specific part thereof.
Para. 3 — Inserted by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4121; BBl 2002 4721).
II. Establishment
1. In general
Art. 746
1 A usufruct of chattels or debts is established by transfer to the acquirer and a usufruct of immovable property by entry in the land register. 2 The provisions governing ownership apply to the acquisition of a usufruct of chattels and of immovable property as well as to entry in the land register, except where otherwise provided.
2. ...
Art. 747
Repealed by No I 2 of the FA of 5 Oct. 1984, with effect from 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
III. Extinction
1. Grounds
Art. 748
1 Usufruct is extinguished in the event of the complete loss of the object to which it applies and in the case of immovable property on deletion of the entry from the land register where the entry was required to establish the usufruct. 2 Other grounds for extinction, such as the passage of time or the renunciation or death of the usufructuary, confer on the owner only a right to apply for the deletion of the entry. 3 A statutory usufruct ends on cessation of its cause.
2. Duration
Art. 749
1 Usufruct ceases with the death of the usufructuary and in the case of legal entities on their dissolution. 2 In the case of legal entities, however, it may not last more than 100 years.
3. Replacement on extinction of usufruct
Art. 750
1 The owner of the object of a usufruct is not obliged to replace or restore the object if it has been destroyed. 2 If it is replaced or restored the usufruct is restored with it. 3 If an object that has been destroyed is replaced, as may be the case with compulsory purchase and insurance indemnities, the usufruct continues on the replacement object.
4. Return
a. Duty
Art. 751
When the usufruct ends, the person in possession of the object must return it to the owner.
b. Liability
Art. 752
1 The usufructuary is liable for complete loss or deterioration of the object, unless he or she shows that he or she was not at fault. 2 He or she must replace any items which have been used up if such consumption is not intrinsic to the use of the object. 3 He or she is not obliged to compensate for any depreciation caused by the proper use of the object.
c. Costs
Art. 753
1 If the usufructuary has of his or her own free will incurred costs or made improvements, on return of the object he or she may request compensation in accordance with the provisions governing agency without authority. 2 He or she is entitled to remove any fixtures he or she has installed for which the owner is not prepared to pay compensation; he or she is, however, obliged to restore the object to its previous condition.
5. Prescription of compensation rights
Art. 754
The owner’s right to compensation for alterations or depreciation and the usufructuary’s right to compensation for expenditure or to remove fixtures prescribe one year after the return of the object.
IV. Scope
1. Rights of the usufructuary
a. In general
Art. 755
1 The usufructuary has the rights of possession, use and enjoyment of the object. 2 He or she is responsible for looking after it. 3 In the exercise of these rights, he or she must exercise reasonable care.
b. Natural fruits
Art. 756
1 Natural fruits belong to the usufructuary if they have ripened during the period of the usufruct. 2 The person who has cultivated the land is entitled to claim equitable compensation for his or her costs from the person who receives the ripe fruits, whereby this compensation should not exceed their value. 3 Constituent parts of the usufruct other than fruits or produce belong to the owner.
c. Interest
Art. 757
Interest on usufructuary capital and other periodic returns accrue to the usufructuary from the day on which the usufruct begins until the day on which it ends, even if they mature at a later date.
d. Assignability
Art. 758
1 Unless it is a strictly personal right, the exercise of the usufruct may be assigned to another person. 2 The owner is entitled to assert his or her rights directly against such person.
2. Rights of the owner
a. Supervision
Art. 759
The owner may object to any unlawful or inappropriate use of the object.
b. Security
Art. 760
1 The owner is entitled to request security from the usufructuary providing he or she may show that his or her rights are jeopardised. 2 He or she is entitled to request security without such showing and already before transfer where consumable objects or securities are the object of the usufruct. 3 If securities are the object of the usufruct, their deposit constitutes sufficient security.
c. Security in the case of gifts and statutory usu
Art. 761
1 A person who has transferred an object as a gift while reserving a personal right of usufruct may not be required to provide security. 2 The obligation to provide security in the case of statutory usufruct is subject to the specific rules governing the legal relationship.
d. Consequence of failure to provide security
Art. 762
If the usufructuary fails to provide security within the reasonable time limit set for that purpose, or if he or she persists in using the object unlawfully despite the owner’s objections, the court may dispossess him or her of the object until further notice and appoint a trustee.
3. Inventory
Art. 763
The owner and the usufructuary have the right at any time to request that a publicly notarised inventory of the objects subject to the usufruct be drawn up at their joint expense.
4. Costs
a. Preservation of the object
Art. 764
1 The usufructuary must preserve the object in its original condition and of his or her own accord carry out such repairs and renovations as constitute normal maintenance. 2 If more substantial work or measures are necessary to protect the object, the usufructuary must inform the owner and allow such work to be carried out. 3 If the owner does not attend to the matter, the usufructuary is authorised to take the necessary steps at the owner’s expense.
b. Maintenance and administration
Art. 765
1 The usufructuary must bear the costs of the normal maintenance and administration of the object, the interest on the attendant debt and taxes and other duties for the duration of his or her rights over the object. 2 If the taxes and duties are payable by the owner, the usufructuary must compensate him or her to the same extent. 3 All other charges are borne by the owner, but if the usufructuary does not advance the owner the necessary funds on request, he or she is entitled to dispose of parts of the usufruct for this purpose.
c. Duty to pay interest on usufruct of assets
Art. 766
In the case of a usufruct of assets, the usufructuary must pay interest on the debts but, where justified in the circumstances, is entitled on request to be released from that obligation by redemption of the debt so that afterwards the usufruct is confined to the remainder of the assets.
d. Insurance
Art. 767
1 The usufructuary must insure the object in favour of the owner against fire and other risks to the extent such insurance is required under the duty of care required by local custom. 2 Where this is the case, and also where a usufruct is established on an already insured object, the usufructuary bears the costs of the insurance for the duration of the usufruct.
V. Special cases
1. Land
a. Fruits
Art. 768
1 The usufructuary of immovable property must ensure that it is not exploited beyond the normal limits by the type of use to which it is put. 2 To the extent that fruits are collected beyond such limits they belong to the owner.
b. Use
Art. 769
1 The usufructuary must not change the intended use of the immovable property in a manner that is significantly detrimental to the owner. 2 He or she must neither transform nor substantially modify the object. 3 He or she may dig quarries, marl pits, peat cuttings and the like only after giving prior notice to the owner and on condition that the intended use of the immovable property is not substantially changed.
c. Woodland
Art. 770
1 The usufructuary of woodland is entitled to farm it within the limits of a reasonable business plan. 2 Both owner and usufructuary may require compliance with a plan which takes due account of their rights. 3 Where there is large-scale loss of woodland caused by storm, snow, fire, insect infestation or other factors, either the exploitation must gradually be reduced or the business plan adapted to the changed circumstances; income realised from the clearing of timber must be invested at interest and serves as compensation for the loss of woodland.
d. Mines
Art. 771
The provisions governing the usufruct of woodland apply mutatis mutandis to the usufruct of objects, such as mines, whose use involves the extraction of substances from the earth.
2. Consumables and valued chattels
Art. 772
1 In the absence of an agreement to the contrary, the usufructuary becomes the owner of consumable objects but is liable to replace the value they had at the beginning of the usufruct. 2 Where any other chattels which have been valued are transferred to the usufructuary he or she may, in the absence of an agreement to the contrary, freely dispose of them but is liable for their replacement if he or she exercises such right. 3 Agricultural equipment, herds of animals, stores of goods and the like may be replaced with objects of the same kind and quality.
3. Claims
a. Scope
Art. 773
1 A usufruct of debts entitles the usufructuary to retain the realised revenue. 2 Notices of termination to the debtor and dispositions relating to securities subject to a usufruct must be made jointly by the creditor and the usufructuary; notices of termination by the debtor must be addressed to both. 3 If a debt is at risk, the creditor and the usufructuary have a mutual right to request each other’s consent to such measures as are required to ensure diligent administration.
b. Repayments and reinvestment
Art. 774
1 If the debtor is not specifically authorised to repay either the creditor or the usufructuary, he or she must pay them jointly or deposit the amount. 2 The benefit received, such as the repayment of the principal, if under the usufruct. 3 Both creditor and usufructuary are entitled to a secure, interest-bearing reinvestment of the principal.
c. Right to assignment
Art. 775
1 The usufructuary has the right to request the assignment of the debts and securities over which he or she has a usufruct within three months of the beginning thereof. 2 Once assignment has been effected, he or she is liable to the former creditor for the value of the debts and securities as at the date of assignment and is required to provide security for that amount unless waived by the creditor. 3 If the creditor has not waived his or her right to security, the assignment becomes effective only once security has been posted.
B. Right of residence
I. In general
Art. 776
1 The right of residence is the right to live in all or part of a building. 2 It is neither transferable nor heritable. 3 It is subject to the provisions governing usufruct unless the law provides otherwise.
II. Rights of the usufructuary
Art. 777
1 The scope of the right of residence is generally tailored to the personal requirements of the usufructuary. 2 However, unless the right is expressly restricted to the person of the holder, he or she may share the residence with his or her family and household. 3 If the right of residence is limited to part of a building, the holder may use the fittings and installations intended for common use.
III. Maintenance costs
Art. 778
1 If the right of residence is exclusive, the usufructuary bears the costs of ordinary maintenance. 2 If the right of residence is exercised jointly with the owner, the latter bears the maintenance costs.
C. Building right
I. Object and entry in the land register
Amended by No I of the FA of 19 March 1965, in force since 1 July 1965 (AS 1965 445; BBl 1963 I 969).
Art. 779
1 Immovable property may be encumbered with an easement entitling a third party to erect or maintain a construction above or below ground on such land. 2 Unless otherwise agreed, this right is transferable and heritable. 3 If the building right has the character of a distinct and permanent right it may be recorded in the land register as immovable property.
II. Legal transaction
Art. 779a
1 The legal transaction creating a building right is only valid if done as a public deed. 2 If the remuneration for the building right and any other contractual provisions should be noted in the land register, they are also only valid if done as a public deed.
Art. 779a — Inserted by No I of the FA of 19 March 1965 (AS 1965 445; BBl 1963 I 969). Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
III. Nature, scope and noting
Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Art. 779b
1 Contractual provisions on the nature and scope of a building right, such as location, design, size and purpose of the buildings, as well as on the use of land which, although not built on, is used in the exercise of the building right, are binding on every new owner of the right and the servient property. 2 Additional contractual provisions may be noted in the land register, if the parties so agree.
Art. 779b — Inserted by No I of the FA of 19 March 1965, in force since 1 July 1965 (AS 1965 445; BBl 1963 I 969). Para. 2 — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
IV. Consequences of expiry
1. Reversion
Art. 779c
When the building right expires, any existing construction reverts to the landowner and becomes an integral part of his or her parcel of land.
Art. 779c — Inserted by No I of the FA of 19 March 1965, in force since 1 July 1965 (AS 1965 445; BBl 1963 I 969).
2. Compensation
Art. 779d
1 The landowner must pay the holder of the expired right adequate compensation for the buildings which have reverted to his or her ownership, but such compensation is subject to the outstanding claims of creditors to whom the building right was pledged as security and is not payable to the holder of the building right without their consent. 2 If the compensation has neither been paid nor secured, the holder of the expired right or a creditor to whom the building right was pledged as security may request that a mortgage right be registered in place of and with the same rank as the expired right as security for the compensation claim. 3 Such registration must be made within three months of expiry of the building right.
Art. 779d — Inserted by No I of the FA of 19 March 1965, in force since 1 July 1965 (AS 1965 445; BBl 1963 I 969).
Art. 779e
Inserted by No I of the FA of 19 March 1965 (AS 1965 445; BBl 1963 I 969). Repealed by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), with effect from 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
V. Premature reversion
1. Prerequisites
Art. 779f
If the holder of the building right grossly violates his or her right in rem or his or her contractual obligations, the owner is entitled to premature reversion by requesting that the building right with all rights and encumbrances be transferred back to him or her.
Art. 779f — Inserted by No I of the FA of 19 March 1965, in force since 1 July 1965 (AS 1965 445; BBl 1963 I 969).
2. Exercising the right of reversion
Art. 779g
1 The right of reversion may be exercised only provided adequate compensation is paid for the reverting buildings, the amount payable being susceptible to reduction if the holder of the building right is at fault. 2 The building right will not be transferred to the owner until the compensation has been paid or secured.
Art. 779g — Inserted by No I of the FA of 19 March 1965, in force since 1 July 1965 (AS 1965 445; BBl 1963 I 969).
3. Other applicable cases
Art. 779h
The provisions governing the exercise of the right of reversion apply to all rights reserved by the landowner to terminate or reclaim the building right prematurely in the event of breach of duty.
Art. 779h — Inserted by No I of the FA of 19 March 1965, in force since 1 July 1965 (AS 1965 445; BBl 1963 I 969).
VI. Liability for remuneration for the right
1. Right to establish a lien
Art. 779i
1 Provided the building right is recorded in the land register, the landowner is entitled to establish a lien thereon against each current holder as security for up to three annual payments. 2 Where the remuneration does not consist of equal annual payments, the landowner is entitled to record a statutory lien for an amount aggregating three annual payments.
Art. 779i — Inserted by section I of the FA of 19 March 1965, in force since 1 July 1965 (AS 1965 445; BBl 1963 I 969).
2. Registration
Art. 779k
1 The lien may be recorded at any time during the existence of the building right and is exempt from deletion in compulsory sale proceedings. 2 The provisions governing recording of a building contractor’s lien apply mutatis mutandis.
Art. 779k — Inserted by section I of the FA of 19 March 1965, in force since 1 July 1965 (AS 1965 445; BBl 1963 I 969).
VII. Maximum duration
Art. 779l
1 A building right may be established as a distinct right for a maximum of 100 years. 2 It may be prolonged at any time for a further period of up to 100 years in the same form as that required for its establishment, but any obligation to do so stipulated in advance is not binding.
Art. 779l — Inserted by section I of the FA of 19 March 1965, in force since 1 July 1965 (AS 1965 445; BBl 1963 I 969).
D. Right of access to water sources
Art. 780
1 The right of access to a water source on a parcel of land owned by another encumbers such land with a servitude permitting the drawing and channelling-off of water. 2 Unless otherwise agreed, the right is transferable and heritable. 3 If the right of access to water is distinct and permanent, it may be recorded in the land register as immovable property.
E. Other servitudes
Art. 781
1 An owner may establish other servitudes on his or her property in favour of any person or group if such servitudes meet a particular need, such as rights of access for shooting practice or rights of way. 2 Unless otherwise agreed, such servitudes are non-transferable and their nature and scope is based on the beneficiaries’ normal needs. 3 In other respects they are subject to the provisions governing easements.
F. Judicial measures
Art. 781a
The beneficiaries of an easement recorded in the land register are subject by analogy to the provisions on judicial measures in the event that the owner cannot be found or in the absence of the required management bodies of a legal entity.
Art. 781a — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Chapter Three: Real Burdens
A. Object
Art. 782
1 A real burden obliges an owner of immovable property to fulfil an obligation to a beneficiary for which he or she is liable solely with the immovable property. 2 The current owner of another property may be designated as the beneficiary. 3 Other than in the case of public law real burdens, a real burden may have as its object only one obligation, which is determined either by the nature of the servient property or the economic needs of the benefited property.
Para. 3 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
B. Establishment and extinction
I. Establishment
1. Registration and form of acquisition
Art. 783
1 A real burden is established by recording in the land register. 2 The entry must stipulate a total value for the real burden denominated in Swiss currency which, in the case of periodic payments and in the absence of any agreement to the contrary, shall equal twenty times the annual payment. 3 The provisions governing land ownership apply to the acquisition or registration of real burdens, unless otherwise provided.
2. Public law real burdens
Art. 784
The establishment of public law real burdens and their effect in relation to third parties acting in good faith is governed by analogy by the provisions of cantonal law on statutory liens.
Art. 784 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Art. 785
Repealed by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), with effect from 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
II. Extinction
1. In general
Art. 786
1 A real burden is extinguished on deletion of the entry or on the complete loss of the servient property. 2 In the case of redemption, replacement or other causes of extinction, the burdened owner acquires a right against the beneficiary for the deletion of the entry.
2. Redemption
a. By the creditor
Art. 787
1 The creditor may request redemption of the real burden by agreement and also: 1. if the servient property has been divided and the creditor does not accept the transfer of the debt to the divided parts; 2. if the owner reduces the value of the land without providing other security by way of replacement; 3. if the debtor is in arrears for three years’ worth of performance. 2 If the creditor requests redemption due to the division of the property, the he or she must give one year’s notice of termination within one month of the transfer becoming legally binding.
Para. 1 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283). Para. 1 let. 1 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283). Para. 2 — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), i
b. By the debtor
Art. 788
1 The debtor may request redemption of the real burden by agreement, and also: 1. if the beneficiary fails to abide by the agreement establishing the real burden; 2. if the real burden has been in existence for thirty years, even where a longer duration or a charge in perpetuity was agreed. 2 If the debtor wishes to redeem the charge after thirty years, he or she must in every case give notice of termination one year in advance. 3 The real burden may not be redeemed in such manner if it is linked with a perpetual easement.
c. Redemption sum
Art. 789
The redemption sum is equal to the amount recorded in the land register as the total value of the real burden, unless its real value is shown to be less.
3. Prescription
Art. 790
1 A real burden is not subject to prescription. 2 Each individual obligation is subject to prescription from the time it becomes the obligor’s personal debt.
C. Scope
I. Creditor’s rights
Art. 791
1 The real burden creditor has no personal claim against the debtor, but only the right to satisfaction from the servient property. 2 However, three years after it if due, each individual obligation becomes a personal obligation for which the property is no longer liable.
II. Debt liability
Art. 792
1 If the land changes ownership, the new owner automatically becomes the obligor under the real burden. 2 If the land is divided, the owners of the divided parts become debtors under the real burden. The debt is apportioned over the divided parts of the property in accordance with the provisions on mortgage contracts.
Para. 2 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Title Twenty-Two: Mortgages
Chapter One: General Provisions
A. Requirements
I. Types
Art. 793
1 A mortgage may be created on immovable property in the form of a mortgage contract or a mortgage certificate. 2 No other types of mortgage are permitted.
Para. 1 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
II. Form of the debt
1. Amount
Art. 794
1 Whenever a mortgage is created, a specific amount denominated in Swiss currency must be indicated as the debt. 2 If the amount of the debt is unspecified, a maximum amount must be indicated up to which the property is liable for all claims of the creditor.
2. Interest
Art. 795
1 The interest payable may be set at any level at the parties’ discretion within the legal limits imposed to prevent abusive interest rates. 2 Cantonal law may provide for a maximum permissible interest rate for debts secured by mortgages.
III. Immovable property
1. Property subject to a charge
Art. 796
1 A mortgage may be created only on immovable property recorded in the land register. 2 The cantons may prohibit or enact special provisions to regulate the creation of mortgages over publicly owned land or over common land and pastures owned by corporations, and over any associated rights of use.
2. Specification
a. In the case of a single property
Art. 797
1 Where a mortgage is created, the immovable property that it encumbers must be clearly specified. 2 Parts of a property may not be made subject to a mortgage unless the division of the property has been recorded in the land register.
b. In the case of more than one property
Art. 798
1 A mortgage right may be created on two or more properties for a single debt provided the properties are all owned by the same person or by debtors who are jointly and severally liable. 2 In all other cases where more than one property is made subject to a mortgage as security for a single debt, each of the properties shall be encumbered for a specified portion of the total debt. 3 Unless otherwise agreed, the total amount secured by the mortgage is divided in proportion to the values of the properties.
3. Agricultural properties
Art. 798a
The Federal Act of 4 October 1991 on Rural Land Rights applies to the establishment of mortgages over agricultural properties.
Art. 798a — Inserted by Art. 92 No 1 of the FA of 4 Oct. 1991 on Rural Land Rights, in force since 1 Jan. 1994 (AS 1993 1410; BBl 1988 III 953). SR 211.412.11
B. Creation and extinction
I. Creation
1. Registration
Art. 799
1 Subject to exceptions provided by law, a mortgage is created by its recording in the land register. 2 A legal transaction creating a mortgage is valid only if done as a public deed.
Para. 2 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
2. In the case of joint ownership
Art. 800
1 In the case of joint ownership of a property, each joint owner may create a mortgage over his or her share. 2 In the case of collective ownership, the property may be made subject to a mortgage only as a whole and in the name of all co-owners.
II. Extinction
Art. 801
1 A mortgage is extinguished on deletion of the entry or the complete loss of the property. 2 Extinction as a result of compulsory purchase is governed by federal and cantonal compulsory purchase law.
III. Charges on consolidated land
1. Transfer of liens
Art. 802
1 In the case of land consolidation procedures carried out with the assistance or under the supervision of the public authorities, the mortgage rights assigned are transferred with the same ranking to the land allotted by way of replacement. 2 Where one parcel of land replaces several parcels which are subject to a mortgage as security for different debts, or not all of which are subject to a mortgage, the liens will be applied to the single parcel of land and their ranking preserved wherever possible.
2. Redemption by the debtor
Art. 803
The debtor is entitled to redeem liens on parcels of land involved in a land consolidation procedure by giving three months’ notice expiring on the date on which such consolidation takes effect.
3. Monetary compensation
Art. 804
1 Where monetary compensation is received in connection with the consolidation of parcels of land subject to mortgages, such funds are distributed among the creditors according to their rank or, if of equal rank, in proportion to the size of their claims. 2 Such compensation must not be paid to the debtor without the creditors’ consent if it exceeds one-twentieth of the secured debt, or if the new parcel of land no longer provides sufficient security.
C. Effect
I. Extent of security
Art. 805
1 A mortgage right encumbers the entire property including all its constituent parts and accessories. 2 If accessories, such as machines or hotel furnishings, are expressly listed in the mortgage agreement and noted as such in the land register, they are treated accordingly unless it is shown that the law precludes their qualification as accessories. 3 Rights of third parties to the accessories are reserved.
II. Rent
Art. 806
1 If the mortgaged property is let, the mortgage covers the rent claims which accrue between the date on which foreclosure proceedings are commenced or the date on which the debtor is declared bankrupt and the date of realisation. 2 Tenants and lessees are bound by the mortgage only once they have been informed of the enforcement proceedings or the bankruptcy has been published. 3 Transactions by the property owner involving claims for unmatured rent and any actions of distraint by other creditors are invalid in respect of any mortgage creditor who initiated foreclosure proceedings before the rent claims matured.
III. Prescription
Art. 807
Claims for which a mortgage has been recorded in the land register are not subject to prescription.
IV. Safeguarding powers
1. In the event of a reduction in value
a. Court order and action by the creditor
Art. 808
1 If the owner reduces the value of the mortgaged property, the creditor may request that the court prohibit any further detrimental action. 2 The creditor may be authorised by the court to take appropriate measures and may do so even without authorisation if there is risk in delay. 3 He or she may request compensation for the costs of such measures from the owner and shall acquire a lien on the property for the corresponding amount. This lien does not require to be recorded in the land register and takes precedence over all other registered encumbrances. 4 If the amount of the lien exceeds 1000 francs and the lien is not recorded in the land register within four months of completion of the measures, it may not cited in opposition to third parties who rely on the land register in good faith.
Para. 3 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283). Para. 4 — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
b. Security, restoration, redemption
Art. 809
1 If the property has depreciated, the creditor has the right to request that the debtor secure his or her debts or restore the property to its previous state. 2 He or she may also demand security in the case of imminent depreciation. 3 If the debtor does not comply within the time limit set by the court, the creditor may request redemption of such portion of the debt as is appropriate to compensate for the reduced degree of security.
2. Depreciation without owner’s fault
Art. 810
1 In the event of depreciation without fault on the owner’s part, the creditor has a right to security or redemption only if the owner is indemnified for the damage. 2 However, the creditor is entitled to take measures to prevent or eliminate the depreciation. He or she shall acquire a lien on the property for his or her costs which does not render the owner personally liable. This lien does not require to be recorded in the land register and takes precedence over all other registered encumbrances. 3 If the amount of the lien exceeds 1000 francs and the lien is not recorded in the land register within four months of completion of the measures, it may not be cited in opposition to third parties who rely on the land register in good faith.
Para. 2 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283). Para. 3 — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
3. Disposal of minor portions of the property
Art. 811
If a part of the property worth less than one-twentieth of the secured debt is disposed of, the creditor may not refuse to release this portion from liability under the lien provided a proportionate repayment of the debt is made or the rest of the property provides him or her with sufficient security.
V. Further encumbrances
Art. 812
1 Any waiver by the owner of right to create further charges over the servient property is non-binding. 2 If, after the mortgage right has been created, the immovable property is encumbered with an easement or a real burden without the mortgage creditor’s consent, the mortgage right takes precedence over the later encumbrances, which will be deleted if, in the event of enforcement proceedings, their existence is prejudicial to the mortgage creditor. 3 However, the beneficiary of the easement or real burden has a claim for payment of the value of his or her right out of the enforcement proceeds, such claim taking precedence over the beneficiaries of encumbrances subsequently recorded in the land register.
VI. Rank
1. Effect of rank
Art. 813
1 A mortgage is confined to the rank indicated in the entry. 2 Mortgage rights may be established in a second or any lower rank provided the amount taking precedence is specified in the entry.
2. Ranking
Art. 814
1 If mortgage rights of different rank are created on an immovable property, any deletion does not entitle the beneficiaries of lower-ranking mortgage to advance in rank. 2 The owner may create another mortgage in place of one which has been deleted. 3 An agreement providing for mortgage creditors to advance in rank only has in rem effect where it is recorded as a priority notice in the land register.
3. Vacant ranks
Art. 815
If a subordinate mortgage right is created and no higher-ranking mortgage exists, or if the debtor has not yet made use of an existing higher-ranking right to create a mortgage, or if a precedent claim is worth less than the amount recorded in the land register, in the event of foreclosure, the proceeds are distributed among the actual mortgage creditors according to their rank and irrespective of vacant ranks.
VII. Foreclosure
1. Mode
Art. 816
1 In the event of default on the part of the debtor, the creditor has the right to payment out of the proceeds of the sale of the property. 2 Any agreement stipulating that the property subject to the mortgage will become the property of the creditor in the event of default on the part of the debtor is invalid. 3 Where several properties are made subject to a mortgage as security for a single claim, foreclosure proceedings must be brought simultaneously against all such properties, while individual properties are sold only if deemed necessary by the debt enforcement office.
2. Distribution of the proceeds
Art. 817
1 The proceeds from the sale of the property are distributed among the mortgage creditors according to their rank. 2 Creditors of the same rank are entitled to equal satisfaction.
3. Extent of security
Art. 818
1 A mortgage right secures the creditor: 1. for the principal; 2. for the costs of debt enforcement and default interest; 3. for three years’ accrued annual interest due on the date of the application for foreclosure or the debtor is declared bankrupt, plus the interest due since the last maturity date; in the case of a mortgage certificate only the interest actually due is secured by the mortgage. 2 The interest rate originally agreed must not exceed five per cent to the detriment of subordinate mortgage creditors.
Para. 1 let. 3 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
4. Security for maintenance costs
Art. 819
1 If a creditor has incurred expenses necessary for the maintenance of the property, in particular by paying insurance premiums owed by the owner, such expenses are secured by a lien over the property. This lien does not require to be recorded in the land register and takes precedence over all other registered encumbrances. 2 If the amount of the lien exceeds 1000 francs and the lien is not recorded in the land register within four months of the compensatory act being carried out, it may not be cited in opposition to third parties who rely on the land register in good faith.
Art. 819 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
VIII. Lien in the case of land improvements
1. Precedence
Art. 820
1 If a rural property increases in value due to improvements carried out with the help of the public authorities, the owner may record a lien in the land register as security for his or her share of the costs which takes precedence over all other registered encumbrances on the property. 2 If such land improvement is made without state subsidy, the owner may enter the lien for a maximum of two-thirds of his or her costs.
2. Extinction of debt and lien
Art. 821
1 If a land improvement is made without state subsidy, the debt in relation to the lien must be repaid in annual payments of at least five per cent of the registered amount of the lien. 2 The lien is extinguished for the claim and for each annual payment three years after maturity, and any lower-ranking mortgage creditors advance in rank.
IX. Entitlement to insurers’ payments
Art. 822
1 A payment under insurance policy may be made to the owner of the insured property only with the consent of all the charge creditors. 2 However, it may be made to the owner for the purposes of restoring the property subject to the charge provided adequate security is furnished. 3 In other respects, the cantonal provisions governing fire insurance are reserved.
X. Untraceable creditor
Art. 823
Where the name or place of residence of the creditor is unknown, the court may, at the request of the debtor or other interested parties, order the necessary measures in cases where the law requires that a creditor take personal action as a matter of urgency.
Art. 823 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Chapter Two: The Mortgage Contract
A. Purpose and nature
Art. 824
1 A mortgage contract may secure any kind of debt, be it current, future or contingent. 2 The mortgaged property need not be owned by the debtor.
B. Establishment and extinction
I. Establishment
Art. 825
1 A mortgage contract is created in a specific rank even if the secured amount is indeterminate or variable, and it retains such rank notwithstanding any fluctuations in the secured amount. 2 The creditor may request that the land registrar provide him or her with an extract concerning the mortgage contract. Such an extract has only evidential status and does not constitute a negotiable instrument. 3 In lieu of such evidence, a certificate of registration may be appended to the mortgage contract deed.
II. Extinction
1. Right to have entry deleted
Art. 826
If the debt is extinguished, the owner of the mortgaged property may request the creditor to authorise the deletion of the entry from the land register.
2. Position of owner
Art. 827
1 If the property owner is not the debtor of the secured debt, he or she may redeem the mortgage on the same conditions as the debtor may repay the debt. 2 If he or she satisfies the creditor, the claim passes to him or her.
3. Unilateral redemption
a. Conditions and procedure
Art. 828
1 Where a property is mortgaged for more than its value in respect of debts for which the acquirer is not personally liable, and providing no debt enforcement proceedings are pending, cantonal law may authorise the acquirer to redeem the mortgage rights either by paying the purchase price to the creditors or, where the property was acquired without payment, the amount at which he or she values the property. 2 He or she must give the creditors six months’ notice in writing of his or her intention to redeem the mortgage. 3 The redemption amount is distributed among the creditors according to their rank.
b. Public auction
Art. 829
1 Within one month of the acquirer’s notification, the creditors are entitled to request that the mortgaged property be sold at public auction provided that they advance the costs, such auction to be announced publicly and held within one month of the date on which it was requested. 2 If a higher price than the one offered is obtained at auction, the mortgage is redeemed at that higher price. 3 The costs of the public auction are borne by the acquirer if a higher price is obtained, or otherwise by the creditor who requested the auction.
c. Official valuation
Art. 830
Cantonal law may provide that the redemption amount be determined by an official valuation rather than by sale at public auction.
4. Termination
Art. 831
Where the owner of the mortgaged property is not also the debtor, notice given by the creditor to terminate his or her claim is binding on the owner only if it is served on both him or her and the debtor.
C. Effect
I. Ownership and liability
1. Alienation
Art. 832
1 The alienation of a mortgaged property does not affect liability under the mortgage contract and of the debtor unless otherwise agreed. 2 However, if the new owner has assumed liability for the secured debt, the previous debtor is discharged unless the creditor notifies him or her in writing within one year that he or she intends to retain him or her as debtor.
2. Division
Art. 833
1 If part of a mortgaged property or one of two or more mortgaged properties belonging to the same owner is alienated or if the mortgaged property is divided, unless otherwise agreed, liability under the mortgage will be reallocated in proportion to the value of the different parts. 2 If the creditor does not wish to accept such reallocation, within one month of its becoming final he or she may request repayment of his or her debt within one year. 3 Where the new owners have assumed liability for the debts secured by their properties, the previous debtor is discharged unless the creditor notifies him or her in writing within one year that he or she intends to retain him or her as debtor.
3. Notice of assumption of debt
Art. 834
1 If the new owner assumes the debt, the land registrar notifies the creditor accordingly. 2 The one-year time limit for the creditor’s declaration runs as of such notice.
II. Assignment of a debt
Art. 835
The assignment of a debt secured by a mortgage contract is valid without entry in the land register.
D. Statutory mortgage right
I. Under cantonal law
Art. 836
1 Where cantonal law grants the creditor the right to a lien in respect of debts that are directly related to the servient property, the lien is created when it is recorded in the land register. 2 Where statutory liens amounting to over 1000 francs are created under cantonal law without being recorded in the land register and if they are not recorded in the land register within four months of the underlying debt becoming due, or at the latest within two years of the debt arising, on expiry of the period allowed for registration they may no longer be cited in opposition to third parties who rely on the land register in good faith. 3 More restrictive regulations under cantonal law are reserved.
Art. 836 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
II. With entry
1. Cases in point
Art. 837
1 The right to establish a statutory mortgage right applies to: 1. the vendor’s claim to the sale price; 2. the claims of co-heirs and other co-owners in undivided shares arising from the division of immovable property which belonged to the community; 3. the claims of tradesmen and building contractors who have supplied labour and materials, or labour alone, for construction or other works, for demolition work, scaffolding work or for securing the construction pit or similar on the property whether the debtor is the owner of the property, tradesman or building contractor, tenant or any other person with rights to the property. 2 If a tenant or other person with rights to the property is liable for debts due to tradesmen or building contractors, the claim is valid only if the property owner has consented to the work being done. 3 The beneficiary may not waive such statutory mortgage rights in advance.
Art. 837 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
2. Vendor, co‑heirs and co‑owners
Art. 838
A lien in favour of the vendor, co-heirs or co-owners in undivided shares must be registered within three months of transfer of ownership.
3. Tradesmen and building contractors
a. Registration
Art. 839
1 A tradesman's or building contractor’s lien may be recorded in the land register as of the date of his or her undertaking to perform work. 2 Application for such entry must be made within four months of completion of the work. 3 The lien is entered only if the claim has been acknowledged by the owner or confirmed in a court judgment and may not be requested if the owner provides the claimant with adequate security for the claim together with default interest for the period of ten years. 4 If the property is indisputably administrative assets and if the owner's liability for the debt is not based on contractual obligations, the owner shall be liable to the tradesmen or building contractor for debts that are acknowledged or determined by a court in accordance with the provisions on a debt subject to a simple surety, provided a written claim for the debt making reference to the statutory surety was made against the owner no later than four months after completion of the work. 5 If there
Art. 839 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283). Para. 3 — Amended by No II of the FA of 20 Dec. 2024 (Construction Defects), in force since 1 Jan. 2026 (AS 2025 270; BBl 2022 2743).
b. Rank
Art. 840
If more than one statutory building contractor’s lien is recorded in the land register, such liens confer an equal entitlement to satisfaction from the mortgaged property even if the entries were made on different dates.
c. Privileged claim
Art. 841
1 Where the claims of tradesmen and building contractors are not wholly satisfied by foreclosure, the shortfall must be compensated for by the higher-ranking creditors out of such portion of the proceeds as exceeds the land value, provided it is apparent to such creditors that their liens have encumbered the property to the detriment of the tradesmen and building contractors. 2 If the higher-ranking creditor alienates his or her mortgage security, he or she must compensate the tradesmen and building contractors for any sum of which they are deprived by such alienation. 3 Once an interested party has had the beginning of the work noted in the land register, until the time limit for registration has expired, liens may only be registered in the form of mortgage contracts.
Chapter Three: Mortgage Certificates
Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
A. Mortgage certificate
I. Purpose; Relationship with the debt arising fro
Art. 842
1 A mortgage certificate gives rise to a personal debt secured by a mortgage. 2 In the absence of an agreement to the contrary, the mortgage certificate, where applicable, co-exists with the debt to be secured that arises from the basic relationship between the creditor and the debtor 3 The debtor may raise the personal objections arising from the basic relationship against the creditor and his or her legal successors where they do not act in good faith.
II. Form
Art. 843
The mortgage certificate takes the form of either a register mortgage certificate or a mortgage certificate on paper.
III. Position of owner
Art. 844
1 The owner of a mortgaged property who is not also the debtor under the mortgage certificate is subject to the provisions governing mortgage contracts. 2 In the case of a mortgage certificate, the owner of the mortgaged property may raise the same objections as the debtor.
IV. Sale. Division
Art. 845
The consequences of the sale and the division of the property are governed by the provisions on mortgage contracts.
V. Mortgage certificate debt and ancillary agreeme
1. In general
Art. 846
1 The mortgage certificate debt must neither relate to the basic relationship nor include conditions or considerations in return. 2 The mortgage certificate may include debt-related ancillary agreements on the rate of interest, repayment instalments and discharge as well as other ancillary provisions relating to the mortgage certificate debt. A reference to a separate agreement is permitted.
2. Notice
Art. 847
1 The mortgage certificate may be discharged by the creditor or the debtor at six months notice at the end of any month unless otherwise agreed. 2 Any agreement may not allow the creditor a shorter period of notice than three months, unless the debtor defaults in making the repayments or paying the interest.
VI. Protection of persons acting in good faith
Art. 848
For any person relying on the land register in good faith, the details of the mortgage certificate debt and the lien accord with the entry.
VII. Objections by the debtor
Art. 849
1 The debtor may raise only such objections as arise from the entry in the land register or to which he or she is personally entitled with regard to the creditor or to document of title in the case of a mortgage certificate on paper. 2 Agreements including ancillary provisions on the mortgage certificate debt may only be cited in opposition to an acquirer of the mortgage certificate acting in good faith if they are referred to in the land register and on the document of title in the case of a mortgage certificate on paper.
VIII. Authorised person
Art. 850
On the issue of a mortgage certificate, a person may be granted a power of attorney. This person must make and receive payments, receive notices, consent to releases from liability under the mortgage and in general safeguard the rights of the creditors, debtor and owner with all due care and impartiality 2 The name of the authorised person must be recorded in the land register and on the document of title. 3 If the power of attorney lapses and the persons involved are unable to agree, the court shall make the necessary arrangements.
IX. Place of payment
Art. 851
1 The debtor must make all payments at the domicile of the creditor unless otherwise agreed. 2 If the creditor’s domicile is unknown or has changed to the detriment of the debtor, the latter may discharge his or her obligation by depositing payment with the competent authority at his or her own domicile or at the creditor’s former domicile
X. Changes in the legal relationship
Art. 852
1 Where the legal relationship changes to the advantage of the debtor, in particular through the repayment of the debt, the debtor may request the creditor to agree to an amendment being recorded in the land register. 2 In the case of a mortgage certificate on paper, the land register office shall note the amendment on the document of title. 3 In the absence of such an entry or the note on the document of title, the effect of the change in the legal relationship has no effect on an acquirer of the mortgage certificate acting in good faith.
XI. Discharge
Art. 853
If the mortgage certificate debt is discharged, the debtor may request the creditor: 1. to agree to transfer the register mortgage certificate into the name of the debtor; or 2. to hand over the document of title to the paper mortgage certificate without cancelling the same.
XII. Extinction
1. In the absence of a creditor
Art. 854
1 If there is no longer a creditor, or if the creditor waives his or her lien, the debtor has the option of either having the entry deleted or allowing it to remain in the land register. 2 The debtor also has the right to continue to use the mortgage certificate.
2. Deletion
Art. 855
A mortgage certificate on paper may not be deleted from the land register before the document of title has been cancelled or declared void by the court.
XIII. Public call to creditors
Art. 856
1 If the creditor under a mortgage certificate has not come forward for ten years and if no demand has been made for interest during that period, the owner of the mortgaged property may ask the court to make a public call for the creditor to come forward within six months 2 If the creditor fails to come forward within this period and if an investigation concludes that there is a high probability that a valid claim no longer exists, the court shall: 1. in the case of a register mortgage certificate, delete the lien from the land register; or 2. cancel the mortgage certificate on paper and delete the lien from the land register.
B. Register mortgage certificate
I. Establishment
Art. 857
1 A register mortgage certificate is created when it is recorded in the land register. 2 It is recorded in the name of the creditor or of the landowner.
II. Transfer
Art. 858
1 The transfer of a register mortgage certificate is achieved by recording the new creditor in the land register based on a written declaration from the previous creditor. 2 Payments by the debtor only have a discharging effect if they are made to the person who at the time of payment is recorded as the creditor in the land register.
III. Pledging, distraint and usufruct
Art. 859
1 The pledging of the register mortgage certificate is achieved by recording the creditor of a charge on chattels in the land register based on a written declaration from the creditor recorded in the land register. 2 A distraint order is executed by recording the restriction on power of disposal in the land register. 3 The usufruct is created by its recording in the land register.
C. Mortgage certificate on paper
I. Creation
1. Registration
Art. 860
1 The creation of a mortgage certificate on paper always requires an entry in the land register and a document of title 2 The bearer or a specific person, in particular the landowner, may be named as the creditor under the paper mortgage certificate. 3 The mortgage certificate shall take effect on registration even if the document of title has not yet been issued.
2. Document of title
Art. 861
1 The mortgage certificate on paper is issued by the land register office. 2 It must be signed by the land registrar in order to be valid. Other requirements as to form shall be imposed by the Federal Council. 3 It may be delivered to the creditor or his or her authorised agent only with the express consent of the debtor and of the owner of the servient property.
II. Protection of persons acting in good faith
Art. 862
1 For any person relying on the land register in good faith, the rights stated in the document of title duly issued as a mortgage certificate on paper apply. 2 If the wording of the document of title does not correspond to the entry or if there is no entry, the land register is authoritative. 3 A person who has acquired a document of title in good faith is entitled to damages in accordance with the provisions governing the land register.
III. Creditor's rights
1. Claims
Art. 863
1 A claim arising from a mortgage certificate may not be alienated, pledged or otherwise asserted unless the claimant is in possession of the document. 2 This does not apply to the assertion of a claim in cases where the document of title has been cancelled or not yet issued
2. Assignment
Art. 864
1 The assignment of a mortgage certificate debt requires the delivery of the document of title to the assignee. 2 If the title is in the names of a person, the title must also be endorsed and the name of the assignee given.
IV. Cancellation
Art. 865
1 Where a document of title has been lost or destroyed without the intention of repaying the debt, the creditor may request the court to cancel the document of title and order the debtor to make payment or that a new document of title be issued for as yet unmatured claims 2 The cancellation is made in accordance with the provisions governing the cancellation of bearer securities but subject to a notice period of six months 3 Likewise, the debtor may request that a lost certificate which has already been redeemed be cancelled.
Art. 866–874
Repealed
Chapter Four: Issue of Bonds secured by a Mortgage
A. Bond issues secured by a lien
Art. 875
Registered or bearer bonds may be secured by a mortgage: 1. by issuing a mortgage contract or a mortgage certificate for the entire series and appointing an agent for the creditors and the borrower; 2. by establishing a mortgage right for the entire bond issue in favour of the issuer and establishing a mortgage on that debt in favour of the bond holders.
Art. 876–883
Repealed by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), with effect from 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Title Twenty-Three: Charges on Chattels
Chapter One: Pledges of Chattels and Special Liens
A. Pledges
I. Establishment
1. Possession by pledgee
Art. 884
1 Except where otherwise provided by law, chattels may be pledged only by the transfer of possession of the chattel to the pledgee. 2 Any person who in good faith takes a chattel in pledge acquires a general lien over it, provided that third parties do not have rights over the chattel as a result of prior possession, even if the pledger had no authority to alienate it. 3 The general lien is not established as long as the pledger retains exclusive possession of the chattel.
2. Pledge of livestock
Art. 885
1 A general lien on livestock to secure the claims of lending institutions and co-operatives authorised to carry out such transactions by the competent authority of the canton in which they have their seat may be established without transfer of possession by entry in a public register and notification to the debt enforcement office. 2 The Federal Council regulates the keeping of the register. 3 The cantons may levy fees for entries in the register and the associated administration; they determine the register districts and the responsible officials.
Para. 2 — Amended by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immovable Property Law) and of the Code of Obligations (Purchase of Land), in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 953). Para. 3 — Amended by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immovable Property Law) and of the Code of Obligations (Purchase of Land), in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 953).
3. Subordinate pledge
Art. 886
A subordinate pledge is established by notifying the pledgee in writing and instructing him or her to deliver the pledged chattel to the subordinate pledgee after his or her claim has been satisfied.
4. Further pledge by pledgee
Art. 887
The pledgee may only give the pledged chattel in further pledge with the pledger’s consent.
II. Extinction
1. Loss of possession
Art. 888
1 The general lien is extinguished once the pledgee no longer possesses the pledged chattel and is unable to demand its return from third parties. 2 The effects of the lien are suspended as long as the pledger has exclusive possession of the pledged chattel with the pledgee’s consent.
2. Return
Art. 889
1 The pledgee must return the pledged chattel to the entitled party where the pledge is extinguished due to payment of the debt or for some other reason. 2 He or she is not obliged to return the pledged chattel, in whole or in part, until his or her claim has been fully satisfied.
3. Liability of the pledgee
Art. 890
1 The pledgee is liable for the depreciation or loss of the pledged chattel, unless he or she shows that he or she is not at fault. 2 If the pledgee has alienated the pledged chattel or given it in further pledge without authority, he or she is liable for any resulting damage.
III. Effect
1. Rights of the pledgee
Art. 891
1 If the debtor is in default the creditor has the right to satisfy his or her claim from the proceeds of the pledge. 2 The general lien provides the creditor with security for his or her claim, including contractual interest, debt enforcement costs and default interest.
2. Scope of the general lien
Art. 892
1 The general lien encumbers the pledged chattel including its accessories. 2 Unless otherwise agreed, the pledgee must deliver the natural fruits of the pledged chattel to the owner once they are no longer a constituent part thereof. 3 Fruits which are a constituent part of the pledged chattel at the time of its realisation are included in it.
3. Rank
Art. 893
1 Where there are several pledges on the same chattel, the pledgees are satisfied according to their rank. 2 Rank is determined by the date on which the pledges were established.
4. Default agreements
Art. 894
Any agreement stipulating that the pledged chattel will become the property of the pledgee in the event of default on the part of the debtor is invalid.
B. Special lien
I. Requirements
Art. 895
1 A creditor has the right to retain chattels and securities which have come into his or her possession with the debtor’s consent until his or her claim has been satisfied, providing such claim is due and intrinsically connected with the retained objects. 2 Between persons engaged in commerce, an intrinsic connection exists where both the claim and the retained objects relate to their commercial dealings. 3 The creditor has a special lien provided that third parties do not have rights as a result of prior possession, even if the chattel which he or she has received in good faith does not belong to the debtor.
II. Exceptions
Art. 896
1 No special lien may be asserted over chattels which by their nature are not realisable. 2 Equally, no special lien may be asserted where to do so would be incompatible with an obligation assumed by the creditor or with instructions issued by the debtor prior to or upon transfer of the chattel or with public policy.
III. In the event of insolvency
Art. 897
1 In the event of the debtor’s insolvency, the creditor has a special lien even if his or her claim is not yet due. 2 If the insolvency did not occur or become known to the creditor until after transfer of the chattel, the special lien may be exercised even if incompatible with a prior obligation or with a special instruction issued by the debtor.
IV. Effect
Art. 898
1 If the debtor is in default and fails to provide sufficient security, the creditor is entitled to realise the retained object in the same manner as a pledged chattel after notifying the debtor. 2 Where retained registered securities are to be realised, the debt enforcement or bankruptcy official must take the necessary steps on the debtor’s behalf.
Chapter Two: Liens on Debts and Other Rights
A. In general
Art. 899
1 Debts or other rights may be pledged provided they are assignable. 2 Unless otherwise provided, a general lien on debts and other rights is regulated by the provisions governing the pledging of chattels.
B. Establishment
I. In the case of ordinary claims
Art. 900
1 In order to pledge a debt not evidenced in writing or for which only a borrower’s note exists, the pledge agreement must be executed in writing and, where applicable, the borrower’s note transferred. 2 The pledgee and the pledger may inform the debtor of the pledge. 3 In order to pledge other rights, a written pledge agreement must be drawn up and any form required for the transfer must be observed.
II. In the case of securities
Art. 901
1 In the case of bearer securities, delivery of the certificate to the pledgee is sufficient to establish the pledge. 2 In the case of other securities, the certificate must be delivered and either endorsed or accompanied by a declaration of assignment. 3 The pledging of intermediated securities is governed exclusively by the Intermediated Securities Act of 3 October 2008.
Para. 3 — SR 957.1 Para. 3 — Inserted by Annex No 1 of the Intermediated Securities Act of 3 Oct. 2008, in force since 1 Jan. 2010 (AS 2009 3577; BBl 2006 9315).
III. In the case of documents of title to goods
Art. 902
1 Where there are documents of title to goods, the goods may be pledged by pledging the documents. 2 Where a special warrant exists in addition to a document of title to goods, pledging the warrant is sufficient to pledge the goods, provided notice of the pledge including the amount of the debt and the maturity date is entered on the document of title.
IV. Subordinate pledge
Art. 903
A subordinate pledge of a debt is valid only if the prior ranking pledgee is notified in writing of the subordinate pledge by the creditor or by the subordinate pledgee.
C. Effect
I. Extent of security
Art. 904
1 Unless otherwise agreed, a pledge of interest-bearing debts or other debts conferring periodic subsidiary benefits, such as dividends, is limited to the current debt and the creditor is not entitled to payments which have already fallen due. 2 However, where such subsidiary rights are evidenced by separate documents, unless otherwise agreed, they are also covered by pledged to the extent that the pledge has been validly established.
II. Representation of pledged shares and capital c
Inserted by Annex No 1 of the FA of 16 Dec. 2005 (Law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).
Art. 905
1 Pledged shares are represented at general meetings of shareholders by the shareholder rather than the pledgee. 2 Pledged capital contributions to a limited liability company are represented in the members' general meeting by the member rather than the pledgee.
Para. 2 — Inserted by Annex No 1 of the FA of 16 Dec. 2005 (Law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).
III. Administration and payment
Art. 906
1 If diligent administration so requires, the creditor may give notice to terminate the pledged claim and collect the debt and the pledgee is entitled to request that such procedures be carried out. 2 Once notified of the pledge, the debtor may make payment to either the creditor or the pledgee, but only with the other party’s consent. 3 Where no such consent is forthcoming, he or she must deposit the amount due.
Chapter Three: Pawnbroking
A. Pawnbrokers
I. Licensing
Art. 907
1 Any person wishing to operate as a pawnbroker requires a licence from the cantonal government. 2 Cantonal law may provide that such licences are granted only to cantonal or communal bodies and charitable organisations. 3 The cantons may levy fees from pawnbrokers.
II. Duration of licence
Art. 908
1 A licences is granted to private pawnbrokers for a specific period only, but may be renewed. 2 A licence may be revoked at any time if the pawnbroker fails to comply with the provisions applicable to his or her business.
B. Pawning
I. Establishment
Art. 909
A chattel is pawned by delivering it to the pawnbroker against receipt.
II. Effect
1. Sale of pawned chattel
Art. 910
1 If the pawned chattel is not redeemed by the redemption deadline, the pawnbroker may sell it at public auction after making a prior call for redemption. 2 The pawnbroker has no claim against the pledger.
2. Right to surplus
Art. 911
1 If the auction proceeds exceed the pawned amount, the pledger is entitled to the surplus. 2 Several claims against the same pledger may be treated as a single claim for the purpose of calculating the surplus. 3 The claim to the surplus prescribes five years after the sale of the pawned chattel.
III. Redemption of the pawned chattel
1. Right of redemption
Art. 912
1 Provided it has not yet been sold, the pledger may redeem the pawned chattel against return of the receipt. 2 If the pledger is unable to present the receipt, he or she is entitled to redeem the pawned chattel after the redemption deadline provided he or she establishes his or her entitlement. 3 As of six months after the redemption deadline, the pledger also has such right even where the pawnbroker has expressly reserved the right to release the pawned chattel only against return of the receipt.
2. Pawnbroker’s rights
Art. 913
1 On redemption the pawnbroker is entitled to charge interest for the full current month. 2 If the pawnbroker has expressly reserved the right to return the pawned chattel to any bearer of the pawn receipt, he or she may do so as long as he or she does not know and could not reasonably be expected to know that the bearer acquired the receipt unlawfully.
C. Purchase with right of repurchase
Art. 914
Commercial purchases with right of repurchase are deemed equivalent to pawnbroking.
D. Rules governing pawnbroking
Art. 915
1 Cantonal law may issue further regulations governing pawnbroking. 2 ...
Para. 2 — Repealed by Section II 21 of the FA of 15 Dec. 1989 on the Approval of Cantonal Decrees by the Confederation, with effect from 1 Feb. 1991 (AS 1991 362; BBl 1988 II 1333).
Chapter Four: ...
Art. 916–918
Repealed by Art. 52 No 2 of the Mortgage Bond Act of 25 June 1930, with effect from 1 Feb. 1931 (BS 2 747; BBl 1925 III 527).
Division Three: Possession and the Land Register
Title Twenty-Four: Possession
A. Definition and types
I. Definition
Art. 919
1 Effective control over a thing constitutes possession of it. 2 In the case of easements and real burdens, effective exercise of the right constitutes possession.
II. Direct and derivative possession
Art. 920
1 Where the possessor transfers an object to a third party in order to confer on him or her a limited right in rem or a personal right, both are considered to have possession. 2 The owner of the object has direct possession and any other possessor has derivative possession.
III. Temporary interruption
Art. 921
Possession is not lost if the exercise of effective control is impeded or interrupted by occurrences of a temporary nature.
B. Transfer
I. Among parties present in person
Art. 922
1 Possession is transferred by the delivery of the object itself or of the means by which the recipient may gain effective control of it. 2 Transfer is complete once the transferee is able to exercise effective control over the object with the consent of the prior possessor.
II. Among absent persons
Art. 923
Transfer among persons who are absent is completed on delivery of the object to the transferee or his or her representative.
III. Without physical transfer
Art. 924
1 Possession of an object may be acquired without physical delivery if a third party or the transferor himself retains possession of it in terms of a special legal relationship. 2 The transfer is not binding on the third party who retains possession of the object until he or she has been notified thereof by the transferor. 3 The third party is entitled to refuse delivery to the acquirer for the same reasons for which he or she could have refused delivery to the transferor.
IV. In the case of documents of title to goods
Art. 925
1 Delivery of documents of title to goods which have been consigned to a carrier or a warehouse is equivalent to the delivery of the goods themselves. 2 However, where a bona fide acquirer of the document of title to goods is in conflict with a bona fide acquirer of the goods, the latter has priority.
C. Legal remedies
I. Protection of possession
1. Defence against interference
Art. 926
1 A possessor has the right to use force in self-defence against any unlawful interference. 2 If he or she has been dispossessed of immovable property by force or by clandestine means, he or she has the right to recover it by expelling the trespasser from the property within a reasonable time after becoming aware of the dispossession. 3 If he or she is dispossessed of a chattel by force or by clandestine means, he or she has the right to recover it immediately by taking it from a person caught in the act and pursued immediately. 4 The relevant authorities shall provide him or her with assistance appropriate to the circumstances in good time. He or she may resort to self-help only if official assistance is not available in good time, and must abstain from any force not justified by the circumstances.
Para. 2 — Amended by No I of the FA of 20 June 2025 (Protection of Possession in the Event of Unlawful Interference with Immovable Property), in force since 1 July 2026 (AS 2026 16; BBl 2024 116). Para. 3 — Amended by No I of the FA of 20 June 2025 (Protection of Possession in the Event of Unlawful Interference with Immovable Property), in force since 1 July 2026 (AS 2026 16; BBl 2024 116). Para. 4 — Inserted by No I of the FA of 20 June 2025 (Protection of Possession in the Event of Unlawful In
2. Action for restitution
Art. 927
1 A person who wrongfully dispossesses another of an object is obliged to return it, even if he or she claims a better right to it. 2 If the defendant may immediately show a better right entitling him or her to reclaim the object from the claimant, he or she may refuse to return it. 3 The claim is for restitution of the object plus damages.
3. Action for trespass
Art. 928
1 A possessor disturbed by trespass may bring an action against the trespasser even if the latter claims to be in the right. 2 The claim is for cessation of trespass, prohibition of further trespass and damages.
4. Admissibility and prescription
Art. 929
1 An action for restitution or trespass is only admissible if the possessor sues for restitution of the object or for cessation of trespass immediately on becoming aware of the interference in his or her rights and the identity of the trespasser. 2 The action prescribes one year after the date of the trespass or dispossession even if the claimant did not become aware of the interference in his or her rights and the identity of the trespasser until a later date.
II. Remedies
1. Presumption of ownership
Art. 930
1 The possessor of a chattel is presumed to be its owner. 2 Each previous possessor is presumed to have been the owner of the chattel while it was in his or her possession.
2. Presumption of indirect ownership
Art. 931
1 The possessor of a chattel who does not purport to be its owner may invoke the presumption that the person from whom he or she received it in good faith is the owner. 2 Where a person possessing a chattel invokes a limited right in rem or a personal right, the existence of such a right is presumed, but such presumption cannot be invoked against the person from whom the possessor received the chattel.
3. Action against the possessor
Art. 932
The possessor of a chattel may invoke the presumption of his or her better right in any action brought against him, subject to the provisions governing wrongful dispossession or trespass.
4. Power of disposal and right of restitution
a. Entrusted objects
Art. 933
A person who takes possession of a chattel in good faith in order to become its owner or to acquire a limited right in rem is protected therein even if the chattel was entrusted to the transferor without any authority to effect the transfer.
b. Stolen or lost chattels
Art. 934
1 A possessor whose chattel has been stolen or lost, or who has otherwise been dispossessed of it against his or her will, may reclaim it from any possessor within a period of five years. Article 722 is reserved. 1bis The right to recover an object of cultural heritage as defined by Article 2 paragraph 1 of the Cultural Property Transfer Act of 20 June 2003, possession of which has been lost against the owner’s will, prescribes one year after the owner becomes aware of where and by whom such object is being held, but at the latest 30 years after the loss. 2 If a chattel has been sold at public auction, or on the market, or by a merchant dealing in goods of the same kind, it may be reclaimed from the first and any subsequent bona fide purchaser only against reimbursement of the price paid. 3 In other respects, restitution is subject to the provisions governing possession in good faith.
Para. 1 — Amended by No I of the FA of 4 Oct. 2002 (Article of Basic Principles: Animals), in force since 1 April 2003 (AS 2003 463; BBl 2002 4164 5086). Para. 1bis — SR 444.1 Para. 1bis — Inserted by Art. 32 No 1 of the Federal Act on Transfer of Cultural Heritage of 20 June 2003, in force since 1 June 2005 (AS 2005 1869; BBl 2002 535).
c. Cash and bearer securities
Art. 935
Cash and bearer securities cannot be reclaimed from a recipient in good faith even if the possessor was dispossessed of them against his or her will.
d. Bad faith
Art. 936
1 A person who has not acquired a chattel in good faith may be required by the previous possessor to return it at any time. 2 However, if the previous possessor likewise did not acquire the chattel in good faith, he or she cannot reclaim the chattel from any subsequent possessor.
5. Presumption of title to land
Art. 937
1 In respect of land recorded in the land register, only the person registered may invoke presumption of title and bring an action for recovery of possession. 2 However, a person who exercises effective control over the land may bring an action for wrongful dispossession or trespass.
III. Liability
1. Possessor in good faith
a. Use
Art. 938
1 A person possessing an object in good faith is not liable to its rightful owner for the consequences of using it in accordance with his or her presumed right. 2 He or she is not obliged to replace what has been lost or damaged.
b. Indemnity
Art. 939
1 Where the rightful owner requests restitution of an object, the possessor in good faith may request indemnification for any necessary or useful expenditure incurred and may refuse to surrender the object until such indemnification is forthcoming. 2 He or she has no right to indemnification of other expenditure, but where none is proffered, he or she may remove anything for which he or she has incurred cost, provided this may be done without damaging the property. 3 Any fruits collected by a possessor are set off against his or her claim for indemnification.
2. Possession in bad faith
Art. 940
1 A person possessing an object in bad faith must return it to the rightful owner and compensate him or her for any damage resulting from such wrongful possession, including any fruits he or she collected or failed to collect. 2 He or she may claim indemnification only of such expenditure as the rightful owner would also have had to incur. 3 As long as a possessor does not know to whom he or she must surrender the object, he or she is only liable for damage for which he or she is at fault.
IV. Adverse possession
Art. 941
A possessor fulfilling the requirements of adverse possession may count his or her predecessor’s period of possession as part of his or her own provided his or her predecessor’s possession also qualified as adverse possession.
Title Twenty-Five: The Land Register
A. Organisation
I. Constituent parts
1. In general
Art. 942
1 The land register is kept as a record of property rights. 2 It consists of the main register, the plans, property directories, supporting documents and property descriptions appended to the main register, and the journal. 3 The land register may be kept on paper or electronically. 4 Where the land register is kept electronically, legal effect attaches to such data as are properly stored in the system and legible in letters and figures or displayed on plans by means of the technical capabilities of the devices and equipment used by the land register office.
Para. 3 — Inserted by Annex 1 of the FA of 19 Dec. 2003 on Electronic Signatures, in force since 1 Jan. 2005 (AS 2004 5085; BBl 2001 5679). Para. 4 — Inserted by Annex 1 of the FA of 19 Dec. 2003 on Electronic Signatures, in force since 1 Jan. 2005 (AS 2004 5085; BBl 2001 5679).
2. Registered data
a. Object
Art. 943
1 The following are recorded in the land register as immovable property: 1. parcels of land and the buildings thereon; 2. distinct and permanent rights recorded in the land register; 3. mines; 4. co-ownership shares in immovable property. 2 The Federal Council issues detailed regulations governing the prerequisites for and method of registration of distinct and permanent rights, mines and co-ownership shares in immovable property.
Art. 943 — Amended by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).
b. Exceptions
Art. 944
1 Immovable property which is not privately owned and is in public use will be recorded in the land register only if rights in rem attaching to such property are to be registered or if cantonal law provides for its registration. 2 If registered immovable property is transformed into property that is not subject to registration, it is deleted from the land register. 3 ...
Para. 3 — Repealed by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immoveable Property Law) and the Code of Obligations (Sale of Immoveable Property), with effect from 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 953).
3. Registers
a. Main Register
Art. 945
1 Each item of immovable property has its own folio and number in the main register. 2 The procedure to be followed in the event of the division or consolidation of immovable property is determined by Federal Council ordinance.
b. Folio
Art. 946
1 The following data is entered in separate sections on each folio: 1. ownership; 2. the easements and real burdens established in favour of or encumbering the property; 3. the liens with which it is encumbered. 2 Accessories may be noted on the folio at the owner’s request and, once noted, may be deleted only with the consent of all such interested parties as are evident from the land register.
c. Joint folio
Art. 947
1 Two or more parcels of land may be entered on one folio with the owner’s consent, regardless of whether they are contiguous. 2 The entries on such folio are valid for all the land in question with the exception of easements. 3 The owner may at any time request that entries for individual parcels of land be removed from a joint folio, all rights being reserved.
d. Journal, supporting documents
Art. 948
1 Applications for entry in the land register are recorded without delay in the journal in chronological order indicating the applicant and the object of his or her request. 2 Supporting documents are duly classified and archived. 3 In cantons where the land registrar is authorised to draw up public deeds, the supporting documents may be replaced by an official record whose entries constitute public deeds.
4. Implementing ordinances
a. In general
Amended by No 1 of the FA of 19 Dec. 2003 on Electronic Signatures, in force since 1 Jan. 2005 (AS 2004 5085; BBl 2001 5679).
Art. 949
1 The Federal Council prescribes the land register forms, issues the necessary regulations and regulates at its discretion the keeping of auxiliary registers. 2 The cantons may establish special provisions governing the registration of rights in rem on land under cantonal law, but such provisions become valid only when approved by the Confederation.
b. For electronic registers
Art. 949a
1 A canton wishing to keep the land register electronically must obtain the approval of the Federal Department of Justice and Police. 2 The Federal Council regulates: 1. the authorisation procedure; 2. the scope and technical details of the electronic land register, particularly the procedure by which entries become effective; 3. whether and on what conditions electronic communication with the land register office is permissible; 4. whether and on what conditions the public will be given access to unrestricted data recorded in the main register; 5. data access, the logging of retrieval requests and conditions for the withdrawal of user entitlements in the event of abuse; 6. data protection; 7. long-term data security and data archiving. 3 The Federal Department of Justice and Police and the Federal Department of Defence, Civil Protection and Sport define data models and standard interfaces for the land register and official land surveys.
Art. 949a — Inserted by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immovable Property Law) and of the Code of Obligations (Purchase of Land; AS 1993 1404; BBl 1988 III 953). Amended by No 1 of the FA of 19 Dec. 2003 on Electronic Signatures, in force since 1 Jan. 2005 (AS 2004 5085; BBl 2001 5679).
4a. Personal identifier in the land register
Art. 949b
1 The land register offices shall systematically use the OASI number to identify persons. 2 They shall only disclose the OASI number to other bodies and institutions that require the number in order to fulfil their statutory duties in connection with the land register and which are entitled to make systematic use of this number.
Art. 949b — Inserted by No I 2 of the FA of 15 Dec. 2017 (Registration of Civil Status and Land Register), in force since 1 Jan. 2023 (AS 2018 4017; 2021 917; BBl 2014 3551).
4b. National immovable property search
Art. 949c
The Federal Council shall regulate the national search by the competent authorities for immovable properties in which a person identified by their OASI number holds rights.
Art. 949c — Inserted by No I 2 of the FA of 15 Dec. 2017 (Registration of Civil Status and Land Register), in force since 1 Jan. 2023 (AS 2018 4017; 2021 917; BBl 2014 3551).
4c. Commissioning private individuals to use the e
Art. 949d
1 The cantons which maintain the land register electronically may commission private individuals to: 1. ensure access to the data in the land register in the retrieval process; 2. ensure public access to the data of the main register which can be viewed without proof of interest; 3. to carry out electronic transactions with the land register office. 2 The commissioned individuals are subject to the oversight of the cantons and of the Confederation.
Art. 949d — Inserted by No I 2 of the FA of 15 Dec. 2017 (Registration of Civil Status and Land Register), in force since 1 Jan. 2019 (AS 2018 4017; BBl 2014 3551).
5. Official cadastral survey
Art. 950
1 The entry for and description of each parcel of land in the register are based on the official cadastral survey, and in particular on a plan drawn for the land register. 2 The Geoinformation Act of 5 October 2007 regulates the qualitative and technical requirements of the official cadastral survey.
Art. 950 — Amended by Annex No II of the FA of 5 Oct. 2007 on Geoinformation, in force since 1 July 2008 (AS 2008 2793; BBl 2006 7817). Para. 2 — SR 510.62
II. Keeping the register
1. Districts
a. Allocation to districts
Art. 951
1 For land register purposes the cantons are divided into districts. 2 Immovable property is entered in the register for the district in which it is situated.
b. Land straddling more than one district
Art. 952
1 Immovable property that lies in more than one district is entered in the register of each district, with reference being made to the register of the other districts. 2 Entries which establish rights are to be made in the register of the district in which the largest part of the property is situated. 3 Entries in this land register will be notified by the registrar to the other land register offices.
2. Land register offices
Art. 953
1 The cantons are responsible for setting up the land register offices, the demarcation of the districts, the appointment and remuneration of officials and supervision arrangements. 2 The regulations issued by the cantons, save for those concerning the appointment and remuneration of officials, are subject to approval by the Confederation.
Para. 2 — Amended by No II 21 of the FA of 15 Dec. 1989 on the Approval of Cantonal Decrees by the Confederation, in force since 1 Feb. 1991 (AS 1991 362; BBl 1988 II 1333).
3. Fees
Art. 954
1 The cantons may levy fees for entry in the land register and for the necessary surveys. 2 No charge may be made for entries relating to land improvements or to land exchanges for the purpose of agricultural consolidation.
III. Liability
Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Art. 955
1 The cantons are liable for any damage arising from the maintenance of the land register. 2 They have a right of recourse against the land register officials and employees and against the immediate supervisory bodies if they are at fault. 3 They may require the officials and employees to provide security.
IV. Administrative supervision
Art. 956
1 The management of the land register offices is subject to the administrative supervision of the cantons. 2 The Confederation exercises the supervisory control.
Art. 956 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
V. Legal protection
1. Right of appeal
Art. 956a
1 A ruling issued by the land register office may be contested before an authority designated by the canton; a ruling includes the unlawful refusal to carry out or delay in carrying out an official act. 2 The following persons are entitled to appeal: 1. any person who suffers particular prejudice due to a ruling issued by the land register office and who has a legitimate interest in its revocation or amendment; 2. the cantonal administrative supervisory authority it has a right of appeal under cantonal law; 3. the federal supervisory authority. 3 No appeal may be brought against an entry, amendment or deletion of rights in rem or priority notices executed in the main register.
Art. 956a — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
2. Appeal proceedings
Art. 956b
1 The period within which an appeal to the cantonal appellate authorities must be filed amounts to 30 days. 2 Where the land register office refuses to carry out or delays in carrying out a specific official act, however, an appeal may be filed at any time.
Art. 956b — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Art. 957
Repealed by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), with effect from 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
B. Registration
I. Land register entries
1. Ownership and rights in rem
Art. 958
The following rights to immovable property are recorded in the land register: 1. ownership; 2. easements and real burdens; 3. liens.
2. Priority notices
a. Personal rights
Art. 959
1 Personal rights may be entered under priority notice in the land register where such notices are expressly provided for by law, as is the case for a right of pre-emption, right of repurchase, right of purchase, usufructuary lease and tenancy. 2 By virtue of being entered under priority notice, they may be invoked against any rights subsequently acquired.
b. Restrictions on powers of disposal
Art. 960
1 Restrictions on powers of disposal may be entered under priority notice for individual parcels of land if they result from: 1. an official order made to secure disputed or enforceable claims; 2. a distraint order; 3. a case in which entry under priority notice is envisaged by law, such as a remainderman’s expectancy. 2 On entry under priority notice, the restrictions on powers of disposal become effective against all subsequently acquired rights.
Para. 1 let. 2 — Amended by Annex No 4 of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227; BBl 1991 III 1). Para. 1 let. 3 — Amended by No I 4 of the Federal Act of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1).
c. Provisional entries
Art. 961
1 Provisional entries may be made in the land register: 1. in order to secure asserted rights in rem; 2. in the cases where the law permits the applicant to complete his or her application. 2 They are made either with the consent of all interested parties or by court order and the right, provided it is later confirmed, becomes effective in rem as of the date of the provisional entry. 3 The court rules on the application and, provided the applicant satisfies the court of his or her entitlement, approves the provisional entry, precisely specifying its nature, duration and effect and, where necessary, setting a time limit within which the applicant must bring an action to assert his or her rights.
Para. 3 — Amended by Annex 1 No II 3 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
d. Entry of subordinate rights
Art. 961a
A priority notice in the land register does not preclude the registration of a right with a subordinate rank.
Art. 961a — Inserted by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immovable Property Law) and of the Code of Obligations (Purchase of Land), in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 953).
II. Noting
1. Restrictions under public law
Art. 962
1 The state authority or another public body must arrange for a public law restriction on ownership ordered in respect of a specific property that imposes a permanent restriction on use or power of disposal or duty relating to the property on the owner to be noted in the land register. 2 Where the restriction on ownership ceases to apply, the state authority or the other public body must arrange for the note to be deleted from the land register. If the state authority or the other public body fails to act, the land register office may delete the note ex officio. 3 The Federal Council shall stipulate the areas of cantonal law in which restrictions on ownership must be noted in the land register. The cantons may provide for additional notes. They shall draw up a list of circumstances requiring a note, which must be passed on to the Confederation.
Art. 962 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
2. Of representatives
Art. 962a
The following may be noted in the land register: 1. the statutory representative at his or her request or at the request of the competent authority; 2. the estate administrator, the representative of the heirs, the official liquidator and the executors at their request or at the request of the heirs or the competent authority; 3. the representative of an owner, charge creditor or easement beneficiary whose whereabouts are unknown at his or her request or at the request of the court; 4. the representative of a legal entity or other rights holder in the absence of the required management body at his or her request or at the request of the court; 5. the administrator of a condominium association at his or her request or at the request of the condominium owners meeting or of the court.
Art. 962a — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
III. Requirements for entry
1. Applications
a. For an entry
Art. 963
1 Entries in the land register are based on a written declaration by the owner of the immovable property to which the entry relates. 2 No declaration by the owner is required where the acquirer may rely on a provision of the law, a final court judgment or a document having effect equal to that of a court judgment. 3 The officials authorised to execute public deeds may be instructed by the cantons to notify the transactions certified by such deeds for entry in the land register.
b. For a deletion
Art. 964
1 Amendment or deletion of an entry in the land register requires an declaration in writing by the person whose entitlement results from the entry. 2 Such application may be made by signing the journal.
2. Authority
a. Valid proof of authority
Art. 965
1 A disposition in the land register, such as an entry, amendment or deletion, may be made only on the basis of documents establishing the right to make such disposition and its legal basis. 2 Authority to request a disposition is established by proof that the applicant is the person entitled by virtue of the entry in the land register or has been duly vested with a power of attorney by said person. 3 The legal basis for the requested disposition is established by proof that the formal requirements have been observed.
b. Completion of application
Art. 966
1 Where the documentation required for a disposition in the land register is not forthcoming, the application is rejected. 2 However, provided the legal basis is established and the application lacks only certain documents, a provisional entry may be made with the owner’s consent or by court order.
IV. Manner of entry
1. In general
Art. 967
1 The entries in the main register are made in the order in which applications are received or in which certifications and declarations are signed by the land registrar. 2 Interested parties will be provided on request with an extract of the entry. 3 The formal requirements for entries, deletions and extracts are regulated by the Federal Council.
2. For easements
Art. 968
Easements are entered and deleted on the folios of both the dominant and servient properties.
V. Duty to notify
Art. 969
1 The registrar must notify interested parties of all dispositions in the land register made without their knowledge; he or she shall, in particular, notify any acquisition of ownership by a third party to parties with rights of pre-emption which are entered under priority notice in the land register or to parties with rights which exist by law and are evident from the land register. 2 The time limit for challenging such dispositions begins on receipt of such notification.
Para. 1 — Amended by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immovable Property Law) and of the Code of Obligations (Purchase of Land), in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 953).
C. Public nature of land register
I. Information and right of consultation
Art. 970
1 Any person showing a legitimate interest is entitled to consult the land register or to be provided with an extract. 2 A person is entitled to obtain the following information from the main register without showing a legitimate interest: 1. the name and description of the immovable property; 2. the name and identity of the owner; 3. the form of ownership and the date of acquisition. 3 The Federal Council shall specify other particulars of easements, real burdens and notices in the register which may be made public without the need to show a legitimate interest. It shall pay due regard to the protection of personal privacy. 4 An objection based on ignorance of a land register entry is inadmissible.
Art. 970 — Amended by Annex No 1 of the FA of 19 Dec 2003 on Electronic Signatures, in force since 1 Jan. 2005 (AS 2004 5085; BBl 2001 5679).
II. Publication
Art. 970a
1 The cantons may provide that all acquisitions of immovable property be published. 2 They may not publish the consideration involved in a division of estate, an advance against a person’s share of an inheritance, a marital agreement or a liquidation of marital property.
Art. 970a — Inserted by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immovable Property Law) and of the Code of Obligations (Purchase of Land; AS 1993 1404; BBl 1988 III 953). Amended by Annex No 1 of the FA of 19 Dec. 2003 on Electronic Signatures, in force since 1 Jan. 2005 (AS 2004 5085; BBl 2001 5679).
D. Effect
I. Need for an entry
Art. 971
1 Where the establishment of a right in rem is subject to entry in the land register, such right has effect in rem only if it has been entered. 2 Within the limits of such entry, the scope of a right may be established by supporting documents or in some other manner.
II. Effect of entry
1. In general
Art. 972
1 Rights in rem are established and assigned their rank and date by virtue of being entered in the main register. 2 The entry has retroactive effect as of its recording in the journal, provided the supporting documents required by law are included with the application or, in the case of provisional entries, are submitted in good time. 3 In cantons where the registrar draws up public deeds by means of an entry in an official record of title, such a record constitutes entry in the journal.
2. In relation to third parties acting in good fai
Art. 973
1 Any person who, relying in good faith on an entry in the land register, has acquired property or any other right in rem in reliance thereon, is protected in such acquisition. 2 This rule does not apply to boundaries of land in areas designated by the cantons as being in permanent danger of ground displacement.
Para. 2 — Inserted by No I of the FA of 4 Oct. 1991 on the Partial Revision of the Civil Code (Immovable Property Law) and of the Code of Obligations (Purchase of Land), in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 953).
3. In relation to third parties acting in bad fait
Art. 974
1 If the entry of a right in rem is unwarranted, a third party who is or ought to be aware thereof may not rely on the entry. 2 An entry is unwarranted if it is without legal basis or was made on the basis of an invalid transaction. 3 A person whose rights in rem are infringed by such an entry may invoke its defectiveness directly against the third party acting in bad faith.
E. Deletion and amendment of entries
I. Revision
1. On the division of property
Art. 974a
1 If a property is divided, the easements, priority notices and notes for each divided part must be revised. 2 The owner of the property being divided must advise the land register office which entries to delete and which to transfer to the divided parts. If this is not done, the application must be rejected. 3 Where an entry according to the supporting documents or the circumstances does not relate to a divided part, it must be deleted. The procedure is governed by the regulations on the deletion of an entry.
Art. 974a — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
2. In the case of the consolidation of parcels of
Art. 974b
1 Two or more parcels of land belonging to one owner may only be consolidated if no mortgage rights or real burdens have to be transferred from the individual parcels to the consolidated property or if the creditor consents. 2 If easements, priority notices or notes encumbering the property must be recorded, they may be consolidated only if the beneficiaries consent or if their rights are not prejudiced due to the nature of the encumbrance. 3 If easements, priority notices or notes benefiting the property real estate must be recorded, they may only be consolidated if the owner of the servient property consents or if the encumbrance is not increased by consolidation. 4 The provisions on revision on the division of property apply by analogy.
Art. 974b — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
II. Unwarranted entries
Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Art. 975
1 Where an entry of a right in rem is unwarranted or a correct entry has been deleted or modified in an unwarranted manner, any person whose rights in rem are thereby infringed may bring an action for deletion or amendment of the entry. 2 Rights in rem acquired in good faith by third parties relying on the entry and claims for damages are reserved.
III. Simplified deletion
1. Clearly insignificant entries
Art. 976
The land register may delete an entry ex officio if the entry: 1. is limited in time and has lost its legal significance as it has expired; 2. relates to a non-assignable or non-heritable right of a deceased person; 3. cannot affect the property due to the local situation; 4. relates to a property that no longer exists.
Art. 976 — Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
2. Other entries
a. In general
Art. 976a
1 If an entry in all probability has no legal importance, in particular because according to the supporting documents or the circumstances it does not relate to the property, then any person encumbered may request its deletion. 2 If the land register office regards the request as justified, it shall inform the beneficiary that it will delete the entry unless he or she files an objection with land register office within 30 days.
Art. 976a — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
b. On objection
Art. 976b
1 If the beneficiary files an objection, the land register office shall reassess the request for deletion at the request of the encumbered person. 2 If the land register office concludes that the request should be granted despite the objection, it shall notify the beneficiary that it will delete the entry from the main register unless the beneficiary brings a court action to declare that the entry is of legal significance.
Art. 976b — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
3. Public revision procedure
Art. 976c
1 If conditions have changed in fact or law in a specific area and as a result a large number of easements, priority notices or notes have completely or largely lapsed or if the situation can no longer be determined, the authority designated by the canton may order a revision in this area. 2 This order must be noted in the corresponding land register folios. 3 The cantons shall regulate the details and the procedure. They may further simplify the revision procedure or issue regulations that deviate from federal law.
Art. 976c — Inserted by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
IV. Corrections
Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
Art. 977
1 Unless the interested parties consent in writing, the land registrar may correct the register only in accordance with a court order. 2 Instead of correcting an unwarranted entry, the registrar may delete it and make a new one. 3 The land registrar may correct typographical errors of his or her own accord in accordance with regulations to be issued by the Federal Council.