Transmission right
A transmission right is a servitude of Swiss law . It obliges the owner of a property to tolerate a line through his property if another property cannot otherwise be developed or only with disproportionate effort. Gas , water / sewage , heat and electrical lines and - in terms of teleological interpretation - fiber optic cables come into question as lines.
The right of transmission is an emergency right . It is intended to prevent a property from being cut off from essential needs due to an unfavorable location or the property owner having to put up with excessive prices for this. Accordingly, it is not available for luxurious facilities (e.g. a fountain ). The right to pass through is also not available if an expropriation procedure is available under cantonal or federal law .
Formal requirements
The right of transmission does not require an entry in the land register to be valid . Instead, a publicly notarized contract, which - alien to the system - can be used against third parties in good faith, is sufficient . Both the burdened and the entitled person can, however, request that it be entered in the land register at the expense of the person entitled.
Extension of the application
In the case of systems that cannot be understood as “lines” in a narrow sense, part of the teaching votes for an analogous application of the standard. The prerequisite for this is that the interests of the beneficiary are the same. This can affect drainage systems , for example , but not cable cars .
See also
Individual evidence
- ↑ Art. 691 Paragraph 1 ZGB.
- ↑ a b Heinz Rey / Lorenz Strebel: Art. 691 . In: Honsell / Vogt / Geiser (ed.): Basler Commentary ZGB II . 5th edition. Helbing Lichtenhahn Verlag , Basel 2015, ISBN 978-3-7190-3170-1 , p. 1257 .
- ↑ a b Heinz Rey / Lorenz Strebel: Art. 691 . In: Basel Commentary ZGB II . S. 1252 .
- ↑ Art. 691 para. 2 ZGB.
- ↑ Art. 732 para. 1 ZGB.
- ↑ Heinz Rey / Lorenz Strebel: Art. 691 . In: Basel Commentary ZGB II . S. 1256 .
- ↑ a b Art. 691 Para. 3 ZGB.
