Liability of the Canton for Errors in Surveying by its Official Surveyors in the Maintenance of the Land Register

Facts

On 26 November 1927, Adolf L. sold a part of plot no. 679 of the land register of Brittnau to Frieda and Gotthilf F. In 1985, the company Renato Domedi Architekt HTL AG acquired this plot no. 1279. During a new survey, it was found that the area of this plot had been indicated 100 m2 too large in 1927 due to a calculation error by the surveyor at the time. In 1989, the area was corrected in the land register.

In 1991, the company Renato Domedi Architekt HTL AG filed a claim for damages of CHF 10,000 against the Canton of Aargau, considering that it was responsible for the surveying error committed by its surveyor in the maintenance of the land register. The District Court of Aarau granted the claim, but the Cantonal Court of Aargau overturned this judgment and dismissed the claim.

Considerations

The question of whether the Canton is subject to civil liability for the surveying errors of its official surveyors in the maintenance of the land register under Art. 955 CC remains open. However, the court considers that the right to damages is in any case time-barred under Art. 60(1) CO.

According to established case law, the absolute limitation period of 10 years runs from the moment the harmful act was committed, regardless of the creditor's knowledge of their right. In the case of an illegal entry in the land register, this period runs from the time the entry was made.

Although…