Facts
- The bankruptcy estate of Karl Camenzind AG and the bankruptcy office official have standing to appeal the decision of the cantonal supervisory authority that annuls the adjudication of a real estate property belonging to the bankruptcy estate. - The appeal period against the adjudication runs from the moment the successful bidder became aware of the bankruptcy estate's decision not to proceed with a new auction, despite the lack of an agreement on the disputed easement. - The adjudication is null when it does not confer to the successful bidder the ownership of installations designated in the conditions of sale as accessories to the real estate, while these installations are essential for the use of the property and are located on a neighboring plot realized in a separate procedure.Considerations
- The official in charge of the forced realization of a real estate property does not have the right to provide for the establishment of a new easement burdening this property in the conditions of sale. Such a provision is null because the official exceeds his material competence, and it cannot establish the creation of the easement through the forced execution…