What is an easement? The definition
An easement, also known as “restricted right in rem” or “servitude”, is a fixed right to a plot of land that is entered in the land register and remains in existence until it is deleted. “Restricted” means that only the person entitled and their roommates or visitors may use the property to the agreed extent. Every person is required to comply with an easement registered in the land register, regardless of whether they are aware of it. The land register extract with all attachments provides clarity.
Types of easement: basic easement and personal easement
There are two main types of easements:
- Easement
- Personnel easement (limited personal easement)
Easement
The easement burdens a plot of land — the “serving plot of land” — in favor of another plot of land, the “prevailing plot of land.” One example of this is the right to cross a neighboring plot of land in order to reach your own property.
Examples of easements include:
- construction law
- Superconstruction law
- Pipeline construction law
- Road and road rights
- Construction law easement
- Source law
You can find out more about these topics in our complete Easement wiki with comprehensive explanations and examples.
Personnel easement
A personal easement favors a specific person regardless of ownership of the property. This type of easement includes, for example, a Right of use or a Right of residence. A registered right of residence allows a person to use the property or part of it until the end of life or until a specified date. It remains valid even in the event of a change of ownership, if it is entered in the land register.
Important: In both types of easement, the encumbered owner must accept restrictions on his right of ownership and respect the beneficiary's right.
Creation and deletion of an easement
In Switzerland, voluntary (non-statutory) easement only occurs upon entry in the land register (Art. 971 ZGB). Registration is not possible without a corresponding contract and notarization. An easement can only be registered and deleted by the land registry office. The deletion will only take place if the person entitled waives his right in writing or if the servitude is limited in time and the limit is reached.
What is an easement contract?
An easement contract regulates the rights and obligations between the parties involved in an easement. The main content includes:
- Preamble: Identification of the contracting parties and legal basis
- Description of easement: Information on the encumbered and beneficiary properties or persons and the nature, duration and extent of the easement
- Usage fee or compensation: Determination of possible payments from the beneficiary to the encumbered
- Transferability and termination: Rules on the transfer of servicing and the conditions for deletion
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