Facts
Company [Y. AG], as a contractor, carried out interior renovation work for company [L. AG], a commercial tenant. After the bankruptcy of [L. AG], defendant X. acquired the property and took over the leases. [Y. AG] then requested the definitive registration of the statutory lien of artisans and contractors on the property, which the cantonal court ordered. Defendant X. appealed against this decision, which the Federal Tribunal ultimately dismissed.Considerations
The Federal Tribunal considered that the contractor's statutory lien also applies when the work was commissioned by the tenant, provided that this work has actually resulted in a lasting increase in the value of the property. This increase in value can generally be established according to the experience of everyday life, without the need for an expert opinion, except when several contractors have performed services entitling them to a statutory lien.
The Federal Tribunal rejected the defendant's argument that only the increase in value corresponding to the unpaid part of the contractor's claim should be taken into account to determine the amount of the lien. Indeed, what is decisive is not the details of the various services,…