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.

¹ An­im­als are not ob­jects.

² Where no spe­cial pro­vi­sions ex­ist for an­im­als, they are sub­ject to the pro­vi­sions gov­ern­ing ob­jects.

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.

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.

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.

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.

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.

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.⁵⁶¹

^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.⁵⁶²

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.

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.

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.

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.

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.

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.

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.

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.

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.⁵⁷²

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-own­er­ship.

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.

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.⁵⁷⁶

³ Dis­sol­u­tion may not be re­ques­ted at an in­op­por­tune time.

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.

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.

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.

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.

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.

The dis­sol­u­tion of joint own­er­ship of ag­ri­cul­tur­al en­ter­prises and ag­ri­cul­tur­al land is gov­erned by the Fed­er­al Act of 4 Oc­to­ber 1991⁵⁷⁹ on Rur­al Land Rights.

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.⁵⁸²

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The rules for com­put­ing, in­ter­rupt­ing and sus­pend­ing ad­verse pos­ses­sion time lim­its are de­term­ined mu­tatis mutandis by the pro­vi­sions gov­ern­ing pre­scrip­tion of debt claims.

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.

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.⁵⁸⁷

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.

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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.

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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.

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.

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.

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.⁵⁹⁰

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.

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.

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.

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.

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.

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.

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.

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.⁵⁹¹

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.⁵⁹²

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.

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.⁵⁹³

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.⁵⁹⁴

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.⁵⁹⁶

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.

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.

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.

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.

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.

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.⁶⁰³

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...⁶⁰⁴

Rights of pre-emption of ag­ri­cul­tur­al en­ter­prises and ag­ri­cul­tur­al land are also gov­erned by the Fed­er­al Act of 4 Oc­to­ber 1991⁶⁰⁶ on Rur­al land Rights.

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.⁶⁰⁹

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.

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.

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.

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.

¹ Every landown­er is ob­liged to re­ceive the wa­ters flow­ing nat­ur­ally from a high­er-ly­ing par­cel of land, such as rain wa­ter, 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.

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.

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.⁶¹⁰

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.⁶¹¹

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.

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.

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.

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.

¹ Rights of way es­tab­lished dir­ectly by law ex­ist without need for re­gis­tra­tion.

² However, if per­man­ent they are noted in the land re­gister.

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.

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.

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.

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.

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.

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.

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.⁶¹³

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.

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.

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.

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.

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.

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.

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.

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.

Own­ers of drink­ing wa­ter util­it­ies have the right to ex­pro­pri­ate the land sur­round­ing their springs to the ex­tent ne­ces­sary to pro­tect them from con­tam­in­a­tion.

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.

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 pre­sumed to be the ob­ject of a ex­clus­ive right.

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.⁶¹⁵

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.

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.⁶¹⁷

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.

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.⁶¹⁸

⁴ Con­domin­i­um own­ers wish­ing to main­tain the con­domin­i­um may pre­vent such ter­min­a­tion by buy­ing out the oth­ers.⁶¹⁹

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.⁶²⁰

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.

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.

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.

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.⁶²¹

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 sup­ple­ment­ary in­sur­ance for his or her own ac­count.

² In the ab­sence of any spe­cif­ic pro­vi­sions in the law, the as­sembly of con­domin­i­um own­ers and its del­eg­ates are sub­ject to the pro­vi­sions on gov­ern­ing bod­ies of as­so­ci­ations and chal­lenges to res­ol­u­tions of as­so­ci­ations.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Own­er­ship of an own­er­less chat­tel is ac­quired by the act of tak­ing it in­to pos­ses­sion with the in­ten­tion of be­com­ing its own­er.

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.

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.

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.

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.

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.⁶²⁴

^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.⁶²⁵

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.

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.

¹ Own­er­less nat­ur­al spe­ci­mens and an­tiquit­ies of sci­entif­ic value are the prop­erty of the can­ton on whose ter­rit­ory they are found.⁶²⁶

^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.⁶²⁷

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.

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.

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.

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.

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.⁶²⁸

^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 2003⁶²⁹ is 30 years.⁶³⁰

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.

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.

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.⁶³¹

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.

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.

The own­er of a prop­erty may cre­ate an ease­ment on a prop­erty in fa­vour of an­oth­er prop­erty which he or she also owns.

An ease­ment is ex­tin­guished with the de­le­tion of its re­gis­tra­tion or the com­plete loss of either the ser­vi­ent or the dom­in­ant prop­erty.

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.

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.

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.

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.

Ad­di­tion­al en­cum­brances may not be im­posed on the ser­vi­ent own­er if the needs of the dom­in­ant prop­erty change.

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.

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.

¹The 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.⁶³⁴

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 ...⁶³⁶

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.

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.⁶³⁹

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.

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.

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.

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.

When the usu­fruct ends, the per­son in pos­ses­sion of the ob­ject must re­turn it to the own­er.

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.

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.

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.

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.

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.

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.

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.

The own­er may ob­ject to any un­law­ful or in­ap­pro­pri­ate use of the ob­ject.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.⁶⁴⁵

When the build­ing right ex­pires, any ex­ist­ing con­struc­tion re­verts to the landown­er and be­comes an in­teg­ral part of his or her par­cel of land.

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.

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.

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.

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.