Facts
On February 26, 1987, a combined guardianship was ordered over K.B. K.B. sold his agricultural property on June 17, 1987 and January 26, 1988 to his tenant O.K. The son of K.B., who had a statutory right of pre-emption, exercised this right on March 19, 1988. On December 12, 1989, the guardianship over K.B. was lifted, and on June 28, 1990, a property management guardianship was ordered.
On April 7, 1990, K.B. requested the registration of O.K. as the owner in the land register, which the land registrar rejected by order dated November 2, 1990. The appeal filed against this by O.K. was dismissed by the Cantonal Court of Schwyz.
O.K. is now filing an administrative court appeal with the Federal Supreme Court, requesting that the decision of the Cantonal Court be overturned and the land registrar be instructed to register him as the owner.
Considerations
The Federal Supreme Court notes that the land registrar may not temporarily reject the registration of the buyer as the owner on the grounds that it is not yet certain whether the right of pre-emption was validly exercised. Even if the exercise of the right of pre-emption was still uncertain at the time of the contract, the declarations of intent were nevertheless made unconditionally, so that a conditional registration is out of the question.
The land registrar only has to examine the formal legal capacity of the…