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Old 18.03.2009, 23:52
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One servitude shared between 2 apartment owners?

Dear all

I would like to share this story and see if anyone encuntered such an issue here in Switzerland.

Last year I bought an apartment in Canton de Vaud. I live in the ground floor and my neighbour a floor above (Only 1 level). When the rest of the buildings (five in total), were finished, I realised also that my neighbour was occupiying an area next to main door and also next to my neighbour garden. This area, in the other buildings was used by the owners of the ground floor apartments.
After these events, I finally found out that the promoter had sold the apartment above mine including that piece of land that in normal circunstances would had belonged to the owner of the ground floor apartment. I made further research and I found out that as per one of my servitudes linked to my apartment I have the right to use that specific piece of land. I spoke to the promoter and he said that he sold that piece of land to my neighbour. Afterwards I enquired with the Notary and was informed that due to a mistake in the land of register the servitude was not originally removed from my apartment to my neighbours. And the most shocking is that, aparently, my neighbour and myself have both the same right for the same piece of land.

Has anyone heard any case like this. The notary says that my neighbour has more rights than me as he bought the apartment earlier than me. I am still astonished. How come a servitude could be in favour of two different properties or owners.

Can anyone help me to understand this matter?
Thanks
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Old 19.03.2009, 01:46
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Re: One servitude shared between 2 apartment owners?

It sounds a bit doubtful and maybe should be sorted out. I know of people who have to cross neighbour's lawn to get to theirs but with good neighbours this doesn't cause problems, and they understood it when they bought it.
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Old 19.03.2009, 17:55
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Re: One servitude shared between 2 apartment owners?

Time to get your own lawyer, someone has screwed up big time or is acting dishonestly, probably both.

If your purchase act (the one with the seal) (you should know as surely the notary read through the whole thing word for word and you looked at the plans at the signing?) shows the land as yours even though the grundbuch shows it seperately, it looks to me like the notary has messed up as its his job to make sure the vendor has good title to what he is selling. If the vendor was there (I would expect so) and didnt speak up, he has had an amazing lapse of memory.

D
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Old 25.03.2009, 14:38
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Re: One servitude shared between 2 apartment owners?

Thanks mabern and dannyt986 for your comments.

There's absolutely no doubt about that I will need to start looking for a lawyer as dannyt986 said. The most fustrating thing is that I found out that my neighbour bought the apartment a while ago and was one of the first clients who bought in the "residence". When they were going to sign in the Notary my neighbour realised that that specific area was not going to be owned by him and he rejected to sign. He would only sign the purchase contract if he was going to get that piece of land. This was actually convenient to him as it is just next to his small garden and therefore he can increase the size of it by having this piece of land which is also next to my apartment. Aparently the promoter or vendor accepted to give him that pice of land to him BUT the Notary did not remove my right as explained in my previous post.

The most disapointed thing is that the promoter never told me about that piece of land that supposedly was sold to my neighbour and I just signed and paid the same amount as other owners of the same type of apartment. (these other ground floor wners have the right to use that piece of land, only 1 exception to the general rule was made).

I investigated further by visiting the land register and noticed that the mistake was done by the Notaire rather than by the land of register as originally was told. In the land of register they said that there are 2 options:
1) If I am not really interested in that piece of land : I can obtain a compensation from the vendor or promoter
2) If I really want it (which it is the case): then it has to be decided and arbitral process will take place.

Regardless of the big mistake from the Notary the question is why the promoter who knew that the land in question was sold to my neighbour, contrary to standard practice, never ever informed me before purchasing the apartment. This is absolutely not fair and will fight for my rights. Not only because somehow I have been cheeted bul also because this piece of land creates an area of privacy between my apartment (land is next to my bathroom window) and my neighbour small garden (specially when spring and summer times arrives and window is opened and neighbours sit in the garden).

Any comments or suggestion on this matter is very appreciated. My next action is to send a recorded letter to the promoter to tell him officially that is my wish to use that piece of land and want to exercise my right.

Thanks
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  #5  
Old 26.03.2009, 17:34
Isambard Mews
 
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Re: One servitude shared between 2 apartment owners?

Quote:
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Thanks mabern and dannyt986 for your comments.

There's absolutely no doubt about that I will need to start looking for a lawyer as dannyt986 said. The most fustrating thing is that I found out that my neighbour bought the apartment a while ago and was one of the first clients who bought in the "residence". When they were going to sign in the Notary my neighbour realised that that specific area was not going to be owned by him and he rejected to sign. He would only sign the purchase contract if he was going to get that piece of land. This was actually convenient to him as it is just next to his small garden and therefore he can increase the size of it by having this piece of land which is also next to my apartment. Aparently the promoter or vendor accepted to give him that pice of land to him BUT the Notary did not remove my right as explained in my previous post.

The most disapointed thing is that the promoter never told me about that piece of land that supposedly was sold to my neighbour and I just signed and paid the same amount as other owners of the same type of apartment. (these other ground floor wners have the right to use that piece of land, only 1 exception to the general rule was made).

I investigated further by visiting the land register and noticed that the mistake was done by the Notaire rather than by the land of register as originally was told. In the land of register they said that there are 2 options:
1) If I am not really interested in that piece of land : I can obtain a compensation from the vendor or promoter
2) If I really want it (which it is the case): then it has to be decided and arbitral process will take place.

Regardless of the big mistake from the Notary the question is why the promoter who knew that the land in question was sold to my neighbour, contrary to standard practice, never ever informed me before purchasing the apartment. This is absolutely not fair and will fight for my rights. Not only because somehow I have been cheeted bul also because this piece of land creates an area of privacy between my apartment (land is next to my bathroom window) and my neighbour small garden (specially when spring and summer times arrives and window is opened and neighbours sit in the garden).

Any comments or suggestion on this matter is very appreciated. My next action is to send a recorded letter to the promoter to tell him officially that is my wish to use that piece of land and want to exercise my right.

Thanks
Please keep us posted on how it goes. I hope justice is not available only to one with a Swiss passport...
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