Validity of an Entry in the Land Register

Facts

The dispute concerns the validity of the registration of an easement in the land register. Parcel No. 5403 was encumbered with a non-elevation easement in favor of Parcel No. 4418. When the defendant X. purchased Parcel No. 5403, the land register mentioned this easement, but without identifying the dominant property. The defendant then requested the deletion of this entry, which the land register accepted. The condominium owners of Parcel No. 4418 then filed an action for the rectification of the land register to establish the existence of this easement and have it registered.

Considerations

According to case law, the registration in the land register is constitutive for the existence of an easement (Art. 731 para. 1 and 971 para. 1 CC). The registration must include not only the designation of the right, but also that of the dominant property (Art. 35 para. 2 LRO). An incomplete registration that does not include the designation of the dominant property is practically equivalent to a lack of registration.

In the present case, the land register did not mention the dominant property of the non-elevation easement encumbering Parcel No. 5403. This registration was therefore incomplete and had to be considered as a…