2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 213 Property Law
Table of Provisions (11)
Statutory Text (11 Articles)
1 The landowner may redeem grazing, litter, stud, and timber rights, as well as ownership and usufructuary rights in trees on his land.
2 To this end, he must agree with the rights holder on the redemption amount.
1 If no agreement is reached, the owner of the servient land may file a lawsuit with the District Court, bypassing the Conciliation Board.
2 The courts decide in ordinary proceedings.
The redemption amount is equal to twenty-five times the value of the average annual benefit during the 20 years preceding the redemption.
The redemption amount must be deposited with the notary in favor of the land charge creditors of the dominant property.
1 The notary must deposit the redemption amount at the Cantonal Bank, where it will accrue interest.
2 The deposit must be communicated to the mortgage creditors, along with an indication of the property and the redeemed rights. If these creditors are unknown, they will be invited through a publication in the Official Gazette, with a period of 60 days and under threat of loss of rights, to assert their claims.
1 The redemption amount shall be paid to the real estate charge creditors of the dominant real property in the order of their pledges.
2 To the extent that the real estate charge creditors do not assert a claim, the redemption amount shall be handed over to the owner of the dominant real property.
1. **Cancelled Real Servitudes Must Be Deleted from the Land Register.**
2. **Land charge certificates on which the cancelled right is mentioned must be demanded by the Land Registry official and amended accordingly.**
3. **The owner of the property on which the servitude was cancelled bears the costs.**
For the redemption of easements in public forests, the forest legislation applies.
The Act on the Redemption of Real Burdens and Restriction of Access Rights of August 10, 1899 is repealed.
This Act is subject to a referendum in accordance with §§ 34 or 35 of the Cantonal Constitution.
The Government Council is entrusted with the enforcement.
1 This law was issued as a decree subject to optional referendum: GS
14-102 with amendments of September 14, 1978 (EG to the Civil Code, GS 17-95) and of September
25, 2013 (KRB Adaptation to new Cantonal Constitution, GS 23-80q).
2 GS 17-94.
3 GS 3-208.
4 Version of September 25, 2013.