Facts
The case concerns a dispute between Dr. W.A. Marti and the estate of F. Singeisen, as well as the Executive Council of the canton of Basel-Country, regarding an entry in the land register. On July 2, 1965, F. Singeisen granted Dr. Marti a right of purchase for two properties located in the district of Gelterkinden, for a price of 35 francs per square meter. The contract provided that Dr. Marti was authorized to request the registration of the transfer of ownership in the land register. On March 6, 1970, Dr. Marti's representative appeared at the land register office in Sissach to request the registration, but the office refused to receive the application due to the lack of necessary documents. On March 7, 1970, F. Singeisen died and his estate was opened. On March 12, 1970, the land register office rejected the registration application. Dr. Marti filed an appeal against this decision with the Executive Council of the canton of Basel-Country, which rejected the appeal.
Dr. Marti then filed an appeal in administrative law with the Federal Court, requesting the registration of his name as the owner of the two properties in the land register. The Federal Court examined the question of whether Dr. Marti had standing to file an appeal in his own name against the decision of the land register office, and whether the power of attorney granted by F. Singeisen to request the registration of the transfer of ownership was still valid after F. Singeisen's death.
Considerations
The Federal Court considered that the rules of the Civil Code on the land register are public law within the meaning of Art. 5 AniWA, and that decisions of the cantonal supervisory authorities in matters of land registration may be subject to an appeal in administrative law. The Federal Court also considered that Dr. Marti had standing to file an appeal in his own name against the decision of the land register office, since he had been authorized by F. Singeisen to request the registration of the transfer of ownership.
However, the Federal Court rejected the appeal, as it considered that the power of attorney granted by F. Singeisen to request the registration of the transfer of ownership was not valid after F. Singeisen's death. The Federal Court estimated that the nature of the purchase agreement did not justify the continuation of the power of attorney after F. Singeisen's death, and that the interests of F. Singeisen's heirs…