Easement — registration, use and deletion in Switzerland
What does easement mean? A definition
One Easement is a limited right in rem which allows the owner of a plot of land to exercise certain rights on another person's property. Typical easements in Switzerland include right of way or driving, which allows beneficiaries to enter or drive on someone else's property in order to gain access to their own property. The easement persists even in the event of a change of ownership of the encumbered property and does not have to be rearranged. In addition, the rights also apply to third parties who are in relationship with the beneficiaries, such as tenants or customers for commercial use.
What are the basic easements in Switzerland?
In Switzerland, there are various forms of easement that allow flexible use of land. These include:
- Construction law easement: The right to construct or maintain a building on foreign soil.
- Governance law: A right that allows supply lines to be laid and used on another plot of land.
- Closer or border construction law: A regulation that allows construction on a property line, taking into account municipal building regulations.
- Superconstruction law: The right to extend a building beyond the property line.
- Right of way: This allows access to one's own property via someone else's plot of land and can be granted as an emergency right against the will of the encumbered landowner.
Easement vs. personal easement
In the case of an easement, the right to a plot of land is granted in favor of an adjacent plot of land. Staff easements On the other hand, there are personal rights that a specific person is entitled to, such as the right of residence or the right of use. These rights generally end upon the death of the beneficiary or after a specified period of time has elapsed. On the other hand, easements persist even when there is a change of ownership and are therefore permanently tied to the property.
Does the right have to be publicly notarized?
Since January 1, 2012, easements and personal easements must be entered in the land register and publicly notarized. This applies in particular to rights such as right of residence, right of use or management rights. An entry in the land register requires a legally binding basis, which may be defined in an easement contract, a will or an inheritance contract.
note: In the case of emergency rights of way, written documentation of the necessity is sufficient, which proves the right of access via someone else's property.
When and how are easements deleted?
An easement persists until it is expressly deleted. This can be done in various ways:
- Automatic deletion: When the encumbered or entitled property is dissolved.
- End of agreed term: If an easement has been agreed for a limited period of time, it will end at the end of this period.
- Request for deletion: An encumbered landowner can apply for deletion if the easement has lost its original purpose. However, in case of doubt, the consent of the person entitled is required, or compensation must be offered.
important: If the claims of both parties are not clearly substantiated, the deletion can be enforced in court.
Who is responsible for maintenance?
In the case of an easement such as driving rights, the question often arises as to who pays for the maintenance of the encumbered property. As a rule, beneficiaries are responsible for maintenance and repair caused by their use. However, if the encumbered landowner also benefits from the granted right, such as through a right of way that is also granted access to his own customers, the maintenance costs can be divided proportionally between both parties.
tip: A clear provision in the easement agreement on the distribution of costs is advisable in order to avoid subsequent disputes.
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