Swiss Civil Code

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.