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Easements are agreements under private law that parties – for example you and your neighbors or the previous owners – have agreed to at a certain point in time. They are clearly defined rights or obligations that are particularly important for property owners. They expand or restrict the ways in which the owner can use a property. An easement, also known as a servitude, may impose obligations on you, such as requiring you to refrain from or tolerate certain actions vis-à-vis your neighbors. Conversely, they can grant you certain freedoms, depending on the case.

As the new owner, you automatically take over previously agreed easements on your property.

You can find out from the land register extract which easements are connected to the property you are interested in buying. You can view or request them from the relevant cantonal or municipal land registry office without having to provide any special justification. If an easement exists, you cannot claim in a dispute that you were unaware of its existence. This applies even if you only find out about it later.

The term “easement” sounds abstract, although it often refers to everyday routines or tangible buildings. The following examples of easements granted in favor of certain properties illustrate how this works. Typical land easements include the following:

Typical personal easements include the right of residence and beneficial interest, also known as usufruct:

Easements only become legally enforceable once they are registered in the land register. This also applies to rights of way, which – contrary to popular belief – do not arise from habitual use.

A prerequisite for an entry in the land register is, in most cases, the prior agreement of the parties involved to an easement contract, which describes in detail what has been agreed upon. A right of way usually specifies the length and width of the path, its exact location, how it can be used and possibly also who is responsible for maintaining it.

This contract is only valid once it has been publicly notarized, i.e. signed by a notary. This has been mandatory since 2012 and is intended to ensure that the wording is clear in order to prevent disputes that may even end up in court.

Easements are valid until they are removed. A new situation such as a connection to a public road is not sufficient to void an established right of way. Removal of an easement is only possible through the land registry office. This requires the beneficiary to waive their rights in writing. If they are not willing, you could offer compensation. If no agreement is reached, legal action can be taken to enforce the removal in civil proceedings.

You have a right of way across the neighboring property, but your neighbor fills the path with junk or suddenly blocks it completely due to construction work?

The Swiss Civil Code provides clear rules for such cases. According to the regulations, your neighbor is not allowed to do anything that prevents you from using your right of way. In this example, your neighbor would be obliged to provide an emergency path for you to access your property. If they refuse, you can go to court and sue for damages as well as to recover access, though preferably not without the help of a lawyer.

In the most extreme case, which should be considered as a last resort, you may, for example, clear an emergency route yourself. However, if you disregard the principle of proportionality, you could put yourself in a legally vulnerable position. As the entitled party, you may do everything necessary to maintain and exercise your rights. Therefore, the maintenance of the path, i.e. the duty of upkeep, is generally your responsibility if you have a right of way. In principle, however, you are obliged to exercise your right as considerately as possible.

Before you agree to or take over easements, pay attention to any special cantonal provisions. These may apply, for example, to a ground lease, the treatment of imputed rental value or land registry offices.

Differences in cantonal ground leases could, for example, affect your setback rights. Additionally, you should clarify what requirements the relevant land registry offices have for the documentation of easements; for example, whether they expect detailed easement plans in addition to easement agreements or provide more detailed descriptions in servitude protocols.

In the cantons, interest for ground leases either reduces the imputed rental value (rental value model) or is deducted from the imputed rental value in the tax assessment (profit cost model). As ground rent is not debt interest but compensation for use, it cannot be deducted from income tax for owner-occupied properties – unlike for rented properties.

Easements are not uppermost in the mind of property buyers during the purchase process. This can lead to surprises when, for example, neighbors demand existing rights. And they have every right to do so, provided there is a valid entry in the land register.

You should therefore review the land register early and discuss the subject with the beneficiaries in a timely manner. The easements may have become outdated and irrelevant. Anything that is no longer up to date should be deleted.

If you agree new easements yourself, please be sure to formulate the contract for the land register entry as clearly and unambiguously as possible. You will be doing yourself and future generations a favor. In the worst case, those affected will later have to argue over the interpretation in court.