Go Back   English Forum Switzerland > Help & tips > Housing in general  
Reply
 
Thread Tools Display Modes
  #1  
Old 06.09.2017, 15:07
Member
 
Join Date: Apr 2010
Location: Oberwallis
Posts: 137
Groaned at 2 Times in 2 Posts
Thanked 38 Times in 22 Posts
Penelopy has no particular reputation at present
House Deeds and rights carried forward

Two siblings build two semis, one each. They drew up a contract with some 10 rights listed. When I purchased one of the semis, around 5 of the rights were copied over. I did not know there were others. I do not know why all the rights were not included.

They'missing' rights are registered at the land registry on my neighbour's deeds but not on mine.

My garage is on my neighbour's land and this fact is detailed on my neighbour's deeds as one of the rights. On my own deeds I have a garage listed, but not the location. There is no garage on my land. I understood that this was listed under the set of rights that are on my deeds, but it turns out that it is not. The reason it was not clear is that it is described as a 'grenzbaurecht' and it is only by having the original contract that one would know what that refers to. The grenzbaurecht that I thought was my garage actually refers, as it turns out, to a right to build a second garage (that has not been built).

Now I am being told, tough luck, you don't own your garage after all. I am told that because that original right was not carried forward into my purchase it is now lost.

And idea if this is true, or what he solution is? Does the sibling that sold me the house still own the garage (for which he was paid) and can he rectify this?
Reply With Quote
  #2  
Old 06.09.2017, 15:30
Forum Legend
 
Join Date: Mar 2016
Location: Leimbach, Zürich
Posts: 6,097
Groaned at 356 Times in 289 Posts
Thanked 6,913 Times in 3,466 Posts
EdwinNL has a reputation beyond reputeEdwinNL has a reputation beyond reputeEdwinNL has a reputation beyond reputeEdwinNL has a reputation beyond reputeEdwinNL has a reputation beyond repute
Re: House Deeds and rights carried forward

In short:

You bought the object with the rights that belong to it that were transferred when buying it either automatically by law or due to them being legally correctly stated in the contract.

Grenzbaurecht only refers to the option to build on your own ground with the option to build closer to the borders of your ground compared to normal law, and has nothing to do with a building on somebody else his/her ground.

For a proper answer we'd need to know exactly how things are described in the contracts.

And do i understand correctly that you thought you'd buy a garage which is not even on your ground? I don't understand how you can buy a house which lists an garage, even tho there clearly is no garage on the ground which is listed to become yours?

Last edited by EdwinNL; 06.09.2017 at 15:48.
Reply With Quote
The following 2 users would like to thank EdwinNL for this useful post:
  #3  
Old 06.09.2017, 18:49
jaudi's Avatar
Forum Veteran
 
Join Date: Sep 2007
Location: zurich
Posts: 529
Groaned at 4 Times in 4 Posts
Thanked 452 Times in 212 Posts
jaudi has an excellent reputationjaudi has an excellent reputationjaudi has an excellent reputationjaudi has an excellent reputation
Re: House Deeds and rights carried forward

Quote:
View Post
On my own deeds I have a garage listed, but not the location.
So, surely you own the garage. You may be liable for 'ground rent' to the land owner, but that should not affect the ownership of the garage.

However, although you own it, you may also find you have no legal right of access to it....
Reply With Quote
  #4  
Old 06.09.2017, 21:36
miniMia's Avatar
Forum Legend
 
Join Date: Apr 2007
Location: romandie
Posts: 9,991
Groaned at 101 Times in 92 Posts
Thanked 9,027 Times in 4,488 Posts
miniMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond repute
Re: House Deeds and rights carried forward

How did you find all this out?

I would go back to the notary and the land register. If France you could probably sue the notary for a mistake like this. Not sure about Switzerland.
Reply With Quote
Reply

Tags
house purchase, land rights




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Doing good deeds Ana2014 Jokes/funnies 3 04.04.2014 00:22
garage carried out work i did not request-where do i stand farfallina Other/general 4 03.12.2013 07:05
What are my rights to rent a flat forward? lillaelle Housing in general 2 25.11.2012 01:57
House owners rights Britters2000 Daily life 0 25.06.2012 12:26
Look forward or Looking forward ? MrVertigo Language corner 47 25.06.2011 12:23


All times are GMT +2. The time now is 04:44.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0