Facts
This case involved a dispute between Josef Achermann and Mrs. Flury-Odermatt over the validity of a purchase contract and a right of purchase on agricultural properties. Kaspar Odermatt passed away on May 2, 1954. As part of the estate distribution, the property "Brustried" became the sole property of Mrs. Flury-Odermatt on May 7, 1957. On April 28, 1965, Mrs. Flury-Odermatt sold a part of the property "Brustried" (Parcel No. 918) to Josef Achermann and granted him a two-year right of purchase for the remaining part (Parcel No. 284). However, the Agriculture and Forestry Directorate of Nidwalden refused to approve these legal transactions, as in their view the ten-year blocking period under Art. 218 CO had not yet expired. Achermann then filed a lawsuit to establish the validity of the contract and the registration of the transfer of ownership.Considerations
The Federal Court decided as follows: 1. The dispute is a civil law dispute and therefore subject to appeal, as it does not concern an administrative decision under Art. 218 quater CO, but rather the assessment of the validity of legal transactions concerning agricultural properties. 2. The lower court correctly assumed that the disputed parcels are agricultural properties within the meaning of Art. 218 CO. The decisive factor is the actual use, not the size or the yield value. The fact that the buildings are dilapidated does not change this. 3. The…