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– 16. January 2025

Easements “forever”?

A so-called “right to a view” is often asserted in construction projects. Although there is no statutory right to this, old civil law agreements (easements) in the land register could establish such a right. These agreements, which often made sense in the past, can block a construction project years later.

In Switzerland, easements relating to the protection of views were not limited in time or regularly reviewed. In Vitznau LU, for example, there is an old height restriction for the “Alte Post” building, which was entered in the land register in 1892 to protect the view of the lake. Although the hotel on the entitled property was demolished and apartment buildings were built, the height restriction remained in place. When the building on the encumbered property was also to be replaced, some local residents objected to a new building project with reference to this easement. However, the Vitznau municipal council approved the project as it was a matter of civil law. Despite the approval, the client has since abandoned the building project.

Easements are often valid indefinitely, which raises the question of how long an “interest worthy of protection” may really exist. The absence of time limits can restrict the ownership of landowners. In Swiss civil law, there are generally no indefinite rights – even building rights are limited to a maximum of 100 years.

For the clarification of such questions, we recommend legal or notarial advice in order to check or, if necessary, change the easement.

 

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