Facts
A. is the owner of Plot No. x in the municipality of C., which is an independent and perpetual building right within the meaning of Art. 779 of the Swiss Civil Code (ZGB) as a right of extraction of sand, gravel, and other marketable materials. The plot is registered on the parent parcel No. y with an area of 18 ha 86 a 71 m2, which is partially located in the agricultural zone. A. registered the creation of 20 bearer bonds with mortgage deeds in the capital amount of CHF 100,000 each on Plot No. x for entry in the land register. The land registrar rejected these registrations, as the right of extraction is subject to the Federal Act on Rural Land Law (BGBB) and is therefore subject to the encumbrance limit under the BGBB. A.'s appeal was upheld by the Federal Supreme Court.Considerations
The Federal Supreme Court states that the BGBB, according to Art. 2 para. 1, applies to individual or agricultural properties outside the building zone that are suitable for agricultural use. The law covers not only real estate, but also independent and perpetual rights within the meaning of Art. 655 para. 2 ZGB.
In the present case, the right of extraction is to be considered an independent and perpetual right. However, this right is not suitable for agricultural use, as it involves the extraction of gravel and sand, which…