Property law
We advise individuals on Swiss property law concerning ownership, possession, co-ownership and condominium ownership. In neighbour disputes, easements and real-estate matters, we clarify the legal basis and support protection of your interests.
Ownership, possession and transfer
Swiss property law is governed by the Civil Code (ZGB), particularly Art. 641 et seq. Ownership denotes legal control over an object. Possession, by contrast, describes actual control. A person using or holding an object is therefore not necessarily its owner.
Owners may dispose of their property within statutory limits and resist unjustified interference. Different requirements apply to transfer of ownership depending on the subject matter. Transfer of possession plays a central role for movable goods, and land register entry generally does so for real estate.
Co-ownership and condominium ownership
Co-ownership means several persons hold a share in the same property. Use, administration, cost allocation and dispositions follow statutory rules and possible agreements. Holding a share does not alone allow someone to decide over the whole property.
Condominium ownership is a special form of co-ownership of real estate. It combines a share with an exclusive right to use specified parts of a building and develop their interior. Common parts, regulations, cost allocation and community resolutions are frequent sources of dispute.
Neighbour law, easements and the land register
Neighbour law restricts use of land, for example excessive effects from noise, smoke or other emissions. Not every disturbing effect is automatically unlawful. Intensity, local circumstances, land use and, where relevant, public-law requirements must be considered.
Easements may regulate use of land for the benefit of another property or a person. Examples include rights of way, residence rights and usufruct. Their content and scope follow not merely a colloquial description but the land register entry and relevant supporting documents.
Cantonal law, building regulations and special formal requirements may also apply to real-estate issues. A current land register extract and underlying contracts are therefore often the starting point for legal clarification.
Frequently asked questions
What is the difference between ownership and possession?
Ownership is the legal right to an object; possession is actual control. Tenants, for example, possess their rented home without owning it. Different rights may arise from each position.
May I decide over real estate alone as a co-owner?
Not without limits. Different consent and majority rules apply to administration and dispositions depending on the measure. Rules on use and administration may also be relevant. Disposal of the entire property alone must be distinguished from disposal of one's own share.
Which condominium parts belong to the community?
Certain building parts are necessarily common, particularly those essential to its existence, structural composition or external appearance, and facilities for communal use. The precise distinction must be examined against the law, establishment deed and regulations.
Can I act against disturbing noise from neighbouring land?
Civil claims may be available for excessive emissions. Public-law noise or use regulations may also apply. Document frequency, duration and intensity. The appropriate measure depends on the specific situation.
How do I establish whether a right of way exists?
A land register extract and supporting documents are important starting points. They may identify beneficiaries, the burdened property and scope of the easement. Years of actual use of a path do not always answer the legal question alone.
Can a residence right or usufruct simply be cancelled?
Not without reviewing the legal basis. Content, duration, termination grounds and formal requirements follow the law and agreement. Deletion from the land register may require consents and further conditions. Residence rights and usufruct also have different content.
Documents for your consultation
- Current land register extract and easement documents
- Purchase or transfer contract, plans and agreements
- Condominium regulations, resolutions and documented interference
Legal sources
Complex questions from practice
How can I challenge an unlawful condominium community resolution in time?
First clarify the resolution's content, attendance at the meeting and your own vote. Challengeable resolutions generally carry a one-month deadline from knowledge. Nullity is a separate exceptional case and must not be assumed too readily.
Keep the invitation, regulations and minutes and document when you learned of the resolution. A complaint to the administrator does not replace necessary court proceedings. If implementation is ongoing, urgent protection may additionally need consideration.
May an existing right of way be used more intensively for a new housing development?
The permissible scope of a right of way follows the land register entry, basis of acquisition and original purpose of the easement. Changes due to technological development may be considered, but substantially greater burdens are not automatically permitted. The specific form of the new use also matters.
Historical contracts, plans and evidence of previous use are particularly helpful. Traffic volume, affected areas and usage times should be compared. These foundations enable a reliable assessment and appropriate negotiations with those involved.
What options do I have to leave a co-ownership community in conflict?
Selling your share, acquisition by the other participants and dissolution of co-ownership are different options. Agreed commitments, statutory exceptions and pre-emption rights may affect your room for manoeuvre. Not every desired exit can be enforced immediately or at a freely chosen price.
Review ownership, contracts and a current valuation. Court-ordered division or auction may be less favourable financially than a negotiated solution. Financing, use and treatment of existing debts should also be included in an exit plan.
Can neighbours stop construction through civil claims despite a final building permit?
A building permit does not settle all private rights. Easements, ownership rights or neighbour-law claims may remain relevant even for works approved under public law. Interim measures require explanation of matters including the claim asserted, threatened harm and urgency.
Preserve land register documents, plans, photographs and current construction progress. The further work advances, the harder certain protective measures may become. Building-law and civil-law assessments should therefore be distinguished and coordinated early.