Legislator Case Law & Legislation
JK 03 40 • KG LU JK 03 40 AI generated

Sale of Forest Land Parcels Versus Division Requiring Permit

Case Number JK 03 40
Court / Authority
Jurisdiction Switzerland · Canton of Lucerne (CH-LU)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court addressed whether the sale of a property comprising several parcels, some forested, constituted a division of private forest requiring a permit under forestry law. The court reasoned that the relevant legal distinction, consistent with established federal jurisprudence, defines "division" as the real separation of previously undivided shares (e.g., within co-ownership), whereas "sale" involves transferring forest property to outside third parties. Since the owner sold distinct, already established forest land parcels to his son, this transaction was classified as a "sale" and not a "division" that would trigger the requirement for a cantonal forestry permit, leading to the annulment of the registration refusal.

Legislator headnote

AI generated

Art. 25 Abs. 1 WaG, Art. 50 Abs. 1 WaG, Art. 58 BGBB, § 23 Abs. 1 KWaG; Sale of Forest Land Parcels Versus Division Requiring Permit: The court reasoned that the relevant legal distinction, consistent with established federal jurisprudence, defines "division" as the real separation of previously undivided shares (e.g., within co-ownership), whereas "sale" involves transferring forest property to outside third parties. Since the owner sold distinct, already established forest land parcels to his son, this transaction was classified as a "sale" and not a "division" that would trigger the requirement for a cantonal forestry permit, leading to the annulment of the registration refusal.

Keywords

AI generated
division of property land law sale of shares legal separation tree removal order easement

Cited Legislation

AI generated

Cited Case Law

AI generated
BGE 110 Ia 92
BGE 106 Ib 57
BGE 106 Ib 62
AI generated

Key legal questions extracted by Legislator

AI generated
Art. 25 Abs. 1 WaG

Cited as the main ground, in conjunction with cantonal law, for determining that the transaction was a transfer (Veräusserung) not requiring a permit.

§ 23 Abs. 1 KWaG

Cited as the main ground, in conjunction with federal law, for determining that the transaction was a transfer (Veräusserung) not requiring a permit.

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Full text

Rechtsprechung Luzern

Instanz: · Obergericht

Abteilung: · Justizkommission

Rechtsgebiet: · Zivilrecht

Entscheiddatum: · 09.04.2004

Fallnummer: · JK 03 40

LGVE: · 2004 I Nr. 32

Leitsatz: · Art. 25 Abs. 1 WaG, § 23 Abs. 1 KWaG. Abgrenzung zwischen Veräusserung und bewilligungspflichtiger Teilung von Privatwald.

Rechtskraft: · Diese Entscheidung ist rechtskräftig.