Rejection of the registration of a nearby construction right in the land register based on an architect's plan

Facts

Company X. AG is the owner of the property GBB-1. By authentic deed dated 19 January 2012, the owners of the neighbouring property GBB-2 granted it a nearby construction right. On 23 January 2012, X. AG requested the registration of this limited real right in the land register, submitting an architect's plan. The land registry office rejected this request on the grounds that the architect's plan does not constitute a land register plan within the meaning of Art. 732 para. 2 CC. The Cantonal Court confirmed this decision, and X. AG appealed against it to the Federal Court.

Considerations

According to the Federal Court, a private plan, and in particular a plan drawn up by an architect, does not constitute an extract from the land register plan within the meaning of Art. 732 para. 2 CC. This plan must indeed be a graphic extract of the official survey data, which delimits the parcels and participates in the public faith of the land register. In contrast to the official survey, private registrations are not part of the cadastral survey and do not benefit from public faith either.

Although the parties may make the registrations themselves, a private plan is no longer sufficient under the new law.…