Protect your property rights

Your real estate - real estate law

Are you experiencing problems with your property, your condominium or your neighbors? Find out how to protect your company or personal rights, and ask our lawyers and legal experts for advice.

Protect your property rights

Frequently asked questions

See the most frequently asked questions and find the solution to your problem.

01
What to check before buying a property
Before buying a property, you need to check its legal status (building zone, agricultural zone, protected zone, special cantonal allocation zone, etc.), its land status (excerpt from the Land Register with property status, easements, real burdens, mortgages and other liens, etc.), its legal situation (existence of lease or insurance contracts, regulations governing the use of condominiums, etc.), its construction or renovation possibilities (building permits, building restrictions, polluted site, etc.), as well as any restrictions applicable to the sale (Federal Act on the Acquisition of Immovable Property in Switzerland by Foreign Non-Residents, Federal Act on Second Homes, etc.).
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02
Are property regulations mandatory for condominiums?
In principle, regulations governing the administration and use of condominiums are not mandatory. However, one or more owners may demand that such regulations be drawn up and filed with the Land Register. If they represent more than the majority of co-owners and the value of their shares represents more than half of the shares in the condominium, the condominium must draw up the requested regulations.
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03
How is a condominium meeting held?
A condominium owners' meeting is convened by the condominium manager. The notice of meeting is sent sufficiently in advance and indicates the items on the agenda. A meeting can only be held if at least half the owners are present or represented. If validly constituted, the meeting deals with the items on the agenda and votes on all necessary matters. In principle, the meeting is chaired by the manager, who is responsible for drawing up the minutes of the meeting, which are then sent to each owner.
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04
Is attendance at a condominium meeting compulsory?
No, in principle, attendance at a condominium owners' meeting is not compulsory. It is possible to appoint a representative to attend the meeting. This is often the manager of the condominium, but it can also be another person. In the case of representation, it is customary to instruct the representative to vote on the items on the meeting agenda.
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05
Is it possible to overturn a decision of a condominium meeting?
Yes, it is possible to overturn the decision of a condominium owners' meeting if it violates one or more of the applicable legal provisions. This may involve, for example, failure to comply with the rules governing the convening of the meeting, the exercise of voting rights or the items on the agenda. To do this, the competent court needs to be seized within one month of learning of the contested decision.
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06
What to do if a neighbor misuses his property?
If a neighbor's behavior causes an unacceptable nuisance to the neighborhood, it is possible to bring an action for cessation of disturbance before the competent court. This involves asking the court to put an immediate stop to the offending behavior, insofar as it contravenes the applicable legal rules. In practice, this type of action is often first filed in the form of provisional measures, i.e. the court quickly issues a temporary decision to stop the disturbance, which will then be the subject of a more thorough trial.
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07
What to do when a neighbor's behavior causes damage to a property?
If a neighbor's behavior has caused damage to your property, it is imperative that you first have the damage recorded as soon as possible, preferably in an official manner (e.g. by a bailiff or a judge, depending on the canton). It may then be necessary to establish with certainty the responsibility of the neighbor in question, by means of an expert appraisal. Here again, it is advisable to act quickly, so that the expert's task is not complicated by the passage of time. A private appraisal will be easier to implement, but a judicial appraisal will have more probative value. In order to act quickly, the future proof procedure is often recommended. Once these elements have been gathered, it is possible to file a claim for damages against the neighbor responsible before the competent court.
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08
What to do in case of objection to a building permit?
In the event of an objection or appeal lodged by a neighbor or any other person against a building permit, the case is dealt with by the competent administrative or judicial authority. The beneficiary of the building permit is notified and has the right to take part in the proceedings and defend himself. In such a situation, it is therefore necessary to analyse the objection or appeal and to file its own determinations.
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09
What is a court injunction?
The court injunction is a procedure that enables a property owner or the holder of a property right (e.g. a usufruct) to protect his property or right in a preventive manner, in order to avoid any unauthorized use. The aim is to ascertain the rights attached to a property by an authority, so that these rights can be established with certainty.
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10
How is a court injunction implemented?
A court injunction must be implemented by filing a request with the competent authority. It is necessary to demonstrate the rights attached to the property you wish to protect, as well as the existence of a current or future infringement of these rights, or a risk of infringement. If accepted, the request is officially published. The owner (or the holder of a property right) can then have any infringement established in a simplified way, by means of a complaint, without having to go through legal proceedings.
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