Real Estate Law

Real property law regulates processes such as the purchase and sale of real property, easements, land charges and more. Land within the meaning of real property law is real property, independent and permanent rights recorded in the land register, mines, and co-ownership shares in real property.

Although the terms are often blurred in everyday life, a fundamental distinction must be made between land and real property. The term real estate refers to the normal case with real property, i.e., any area of land with sufficiently defined boundaries (Art. 3 para. 2 Land Register Ordinance). These boundaries must be marked on the land and can be taken from the land register.

Rights of use in rem (easements) that encumber a property and have an independent, permanent character are also referred to as real property. The right is then permanent if it was established for at least 30 years. It is independent if it is transferable. The building right represents the most important permanent and independent right.

Swiss law requires that all real estate transactions —contracts of sale and contracts establishing a right of first refusal or a right of purchase— be certified by a notary public (formal requirements pursuant to Art. 216 Code of Obligations). Some important aspects such as the completeness of the deed must be observed.

Our law firm with its associated notary's office has the necessary expertise to provide you with comprehensive support in all matters relating to real estate law. Our lawyers advise clients in the area of real estate, inter alia, on their rights and obligations as owners of real property and in the planning and execution of various transactions.

Fiscal aspects also play a role in connection with real property law because real property is taxed on the basis of the cantonal or communal real property tax. This is sometimes also called land or property tax. Normally, debts encumbering the property are not considered in the calculation of the tax. In addition, the property is taxable regardless of the owner's place of residence. Some cantons do not levy this tax. Our experienced lawyers are at your disposal for all tax-related questions in connection with real estate property and will be happy to advise you on investments, tax optimization and more.

We will be happy to carry out the public notarization for you and advise you on purchase prices, investments and more. In doing so, we always take your individual needs into account and do not disregard economic aspects. Furthermore, we represent you in all cases concerning real estate and property before all Swiss courts. In doing so, we make full use of all legal means at our disposal.