Facts
In this case, it was about the correction of an incorrect entry in the land register. The plaintiff A. had a pre-emptive right to a property, which was registered in the land register. However, the property was auctioned off to company X. SA, without the pre-emptive right being deleted. In the subsequent transfers of ownership, the pre-emptive right was then deleted, without the competent authority having ordered this. The plaintiff A. then demanded the correction of the land register to restore her pre-emptive right.
The Federal Court had to decide whether the correction should be made under Art. 975 of the Swiss Civil Code (Correction without legal basis) or under Art. 977 of the Swiss Civil Code (Correction due to mistake). The Federal Court concluded that in the present case, Art. 977 of the Swiss Civil Code is applicable, as the deletion of the pre-emptive right was based on a mistake by the land register administrator.
Considerations
Pursuant to Art. 977 of the Swiss Civil Code, if the land register administrator identifies an inaccuracy in the land register and the parties or third parties become aware of it, the administrator must request the parties to consent to the correction in writing. If a party refuses to consent, the land register administrator must obtain a court decision.
In the present case, the plaintiff A. had become aware of the deletion of her…