Facts
The E. Pension Fund acquired at auction 33 units of a condominium property belonging to S. The encumbrance register mentioned that 24 outdoor parking spaces were subject to personal easements in favor of S. Upon registration of the transfer of ownership, the land registry conservator expressed concern about the sale of apartments without parking spaces. The debt collection office refused to modify the encumbrance register to transfer these easements to the successful bidder. The latter filed a complaint against this decision, but it was rejected by the cantonal supervisory authority and the Federal Supreme Court.
Considerations
The Federal Supreme Court considered that the right of condominium ownership comprises two inseparable elements: a share of co-ownership of the entire building and an exclusive right of use over specific parts. However, the common parts are not necessarily available to all co-owners, as the regulations may provide for exclusive rights for some of them.
In this case, the condominium regulations provided that the 24 outdoor parking spaces were subject to personal easements in favor of S. This encumbrance, together with the conditions of sale, was communicated to the interested parties and was not contested within the time…