Facts
The Ortsbürgergemeinde U. is the owner of a plot of land on which it has established four distinct and permanent building rights that are registered as separate properties in the land register. The A. AG and the B. AG, to whom two of these building rights belong, agreed to reduce the area of the building right parcel of the A. AG and create a new building right parcel for the B. AG from the freed-up area. The land registry office refused to register this agreement, as it considered the division of a distinct and permanent building right to be inadmissible and the statutory minimum duration of 30 years for the new building right parcel was not met.
Considerations
The Federal Supreme Court decided that a spatial division of a distinct and permanent building right registered in the land register is permissible, provided that the content of the easement remains unchanged and the equal and subordinate rights of third parties are preserved. In such a case, the statutory minimum duration of 30 years for the newly opened main register sheet does not have to be met.
The Federal Supreme Court justified this by stating that the law equates the distinct and permanent rights with the…