Facts
In this case, it was about the correction of the Land Register in accordance with Art. 977 of the Swiss Civil Code (ZGB) and Art. 98 of the Land Registry Ordinance (GBV). The C. estate had applied to the Land Registry Office to register a building restriction easement on Parcel HB 1841, which had not been correctly registered before. However, [W. AG], as the owner of Parcel HB 1841, refused to consent to this correction.
The High Court of the Canton of Uri had ordered the registration of the easement at the request of the Canton of Uri. [W. AG] appealed against this to the Federal Supreme Court.
Considerations
The Federal Supreme Court concluded that the administrative correction procedure under Art. 977 ZGB in conjunction with Art. 98 GBV is not admissible in this case. Such an administrative correction is only possible if the property is still in the possession of the original parties involved. However, if the property has in the meantime been transferred to a third party, as in the present case to [W. AG], the administrative correction procedure is excluded.
The Federal Supreme Court stated that in such cases, where a third party has acquired the property, a land register correction action under Art. 975 ZGB would be the only way to obtain the registration of the easement. In this case, it would then have to be examined whether [W. AG] as the third-party acquirer can…