Facts
The case concerns a dispute over inheritance rights regarding an agricultural business. The property was rezoned from the building zone to the agricultural zone during the legal dispute. The plaintiffs argued that the rezoning did not change the agricultural character of the property and that the market value was higher than the yield value. However, the High Court and the Federal Court saw it differently and ruled in favor of the defendant, the son of the acquirer.
The 75-year-old defendant is the only one applying for the acquisition of the property for agricultural use. His 46-year-old son has completed an agricultural course and is already working on the farm. The Federal Court considered it likely that the son will take over and continue the business in the foreseeable future.
Considerations
The Federal Court stated that the fact that the property was rezoned to the agricultural zone is decisive in assessing whether it is an agricultural business within the meaning of Art. 620 ZGB. The land use plans can only be adapted in the event of significant changes in circumstances, which was not the case here.
Furthermore, the requirements for the suitability of the…