Error in the transcription of the surface area of a property in the land register

Facts

The company City Carburoil Fribourg SA (Carburoil SA) purchased a property from the municipality of Grolley, with a surface area of 35,300 m2 according to the land register. After the sale, a surveyor found that the actual surface area was 30,080 m2, i.e., 5,220 m2 less than the indication in the land register. Carburoil SA requested the municipality of Grolley to reimburse the corresponding price difference, but the municipality refused. Carburoil SA then filed a liability action against the Canton of Fribourg, based on Art. 955 para. 1 CC, to obtain the payment of 57,420 francs, which is the amount corresponding to the difference in surface area.

Considerations

The Federal Tribunal upholds Carburoil SA's appeal and considers that the Canton of Fribourg is responsible for the error in the transcription of the property's surface area in the land register, under Art. 955 para. 1 CC. This provision provides for the liability of the cantons for any damage resulting from the maintenance of the land register.

The Federal Tribunal rejects the restrictive interpretation of the Fribourg courts, which limited the State's liability to errors in the entries in the main register. According to the Federal Tribunal, the maintenance of the…