Absence of Claim by the Buyer Against the Holder of a Right of Pre-emption Who Has Exercised Their Right

Facts

- The heirs of V. sold their 1/2 share of co-ownership of land plot no. 736 to X. (the plaintiff). - The heirs of M., co-owner of the other half, asserted their legal right of pre-emption and were registered as owners of the co-ownership share in the land register. - The plaintiff X. brought an action to have the entry in the land register corrected in order to be registered as the owner of the 1/2 co-ownership share.

Considerations

The Federal Tribunal considers that the plaintiff X. does not have a claim to have the land register corrected against the heirs of M. who have exercised their right of pre-emption. He only has a claim to have it established that the right of pre-emption was not validly exercised within the time limit.

Indeed, the sales contract gives the buyer a personal claim against the seller with a view to registration in the land register. When a third party has been registered as the owner following the exercise of a right of pre-emption, the buyer can only take action against the seller to obtain damages, and not against…