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213.310 CH-SZ

2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 213 Property Law

11 Articles / Provisions · Switzerland · Canton of Schwyz
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Statutory Text (11 Articles)

2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 213 Property Law

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.

2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 213 Property Law

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.

2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 213 Property Law

The redemption amount is equal to twenty-five times the value of the average annual benefit during the 20 years preceding the redemption.

2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 213 Property Law

The redemption amount must be deposited with the notary in favor of the land charge creditors of the dominant property.

2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 213 Property Law

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.

2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 213 Property Law

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.

2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 213 Property Law

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.**

2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 213 Property Law

For the redemption of easements in public forests, the forest legislation applies.

2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 213 Property Law

The Act on the Redemption of Real Burdens and Restriction of Access Rights of August 10, 1899 is repealed.

2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 213 Property Law

This Act is subject to a referendum in accordance with §§ 34 or 35 of the Cantonal Constitution.

2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 213 Property Law

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.

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