Property law :
ownership and possession
A service offered by the lawyers at Espace Legal avocats & solutions
Ownership and Possession
Application and Distinction
In Switzerland, the right of ownership is one of the fundamental real rights governed by the Civil Code (Art. 641 et seq. CC). It establishes the legal relationship between a person and a thing, granting the owner full and exclusive control over it, within the limits set by law and the rights of others.
This right includes, in particular, the ability to possess, use, modify, transfer, or encumber a property—be it real estate, movable property, or an assimilated right. The owner may freely dispose of their property, unless restricted by a specific rule (neighbour law, servitudes, public law, etc.). Possession, by contrast, refers to the actual control a person exercises over a thing, independently of any ownership right.
Ownership may be exclusive or shared. In a simple co-ownership structure (Art. 646 et seq. CC), several individuals jointly hold a property without material division, each share being legally distinct. Condominium ownership (PPE) (Art. 712a et seq. CC) allows for exclusive ownership of a dwelling or unit within a common building, combined with undivided rights over the shared parts. This regime entails precise rules regarding management, expenses, and voting rights.
Whether you are an individual owner, co-owner, or real estate investor, we address all your questions relating to ownership. Our lawyers will provide solutions tailored to your projects and defend your rights with perseverance.
Real Estate Ownership
Various Rights
Tenancy law: Governs the relationship between landlords and tenants, defining the rights and obligations of each party concerning the rental of real estate.
Pledge rights, building rights, servitudes: These limited real rights allow, for example, a claim to be secured by real estate (mortgage), authorisation to build on another’s land (building right), or the imposition of specific obligations between neighbouring properties (servitudes).
Neighbour rights: These rules aim to harmonise relations between neighbouring landowners by establishing limits and obligations to prevent conflicts, notably regarding nuisances or encroachments.
Co-ownership and condominium ownership (PPE): PPE is a specific form of co-ownership in Switzerland, where each owner holds a share of a building while enjoying exclusive rights over a designated unit such as an apartment.
Sale and donation contracts: These govern the transfer of ownership—whether for consideration (sale) or free of charge (donation)—ensuring the legality and validity of such transactions.
Requirements
The Importance of Form and the Land Register
In real estate matters, the form of the instrument and registration in the land register are essential conditions for the validity and effectiveness of real rights. The law requires an authenticated form for contracts of sale, donation, or the creation of real rights over immovable property. This is an indispensable condition to ensure the legal security of the transaction.
The land register plays a central role. It establishes and publicises the legal status of real estate, with entries having constitutive or declaratory effect depending on the right in question. Servitudes, mortgage rights, and condominium ownership generally produce their effects only upon registration.
For example, a right of way allows an owner to access their property via a neighbour’s land, while a mortgage right constitutes a real security in favour of a hypothecary creditor. In both cases, registration in the land register is decisive for asserting these rights against third parties and ensuring their enforceability. We assist you in drafting instruments, verifying documentation, and completing registration formalities to secure your real estate rights over the long term.
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Every Easter, I organise an egg hunt for my children in my garden. As they get older, they've got to know every corner of it, so I thought I'd look for hiding places in the forest in front of my house, which separates me from my neighbours. He's already told me it's his private property...How do you create a housing charge?
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Frequently asked questions
In response to frequently asked questions about property and possessions law in Switzerland, we have drawn up these frequently asked questions (FAQs). It aims to shed light on the essential aspects of property ownership, rights in rem and neighbourly relations.