Easements and pre-emption rights: what a buyer should check in Geneva

Before signing an offer in Geneva, take the time to check two things that do not show up in a listing's photos: the easements encumbering the property and any pre-emption right. These are legal matters, and they can change what you will actually be able to do with the property.

An easement is a burden on a piece of land for the benefit of another property or a person. Put simply, your neighbour may have a right over your land, or you may have one over theirs. A pre-emption right allows a third party to buy the property as a priority, in your place, on the terms you had negotiated with the seller.

What an easement is and where to find it

Easements take many forms. A right of way allows someone to cross your plot to reach theirs. A pipeline easement allows a water or electricity line to run under your land. A view or distance easement may limit what you or your neighbour are allowed to build. Some easements restrict the use of the property, for example a ban on building on a strip of land.

These burdens are, in principle, recorded in the land registry. It is the reference document in Geneva, accessible via ge.ch. A prospective buyer who can show a legitimate interest may request an extract listing the easements attached to the plot. On this extract, easements appear as burdens or as rights. It is worth cross-checking this with the cadastral plan, which shows the precise location of a right of way or the route of a pipeline.

A word of caution: not all easements have the same scope, and the wording in the land registry often refers to a founding deed that needs to be read in detail. This is work to confirm with your notary.

The pre-emption right

A pre-emption right can be statutory or contractual. A contractual right results from a private agreement, for example between co-owners or members of the same family, and is generally recorded in the land registry.

In Geneva, there are also statutory pre-emption rights in favour of the State and the communes. The general law on housing and tenant protection (LGL) establishes such a right over land located in a development zone, for the purpose of building housing. The cantonal law implementing the federal spatial planning act (LaLAT) also provides for a pre-emption right in certain cases linked to planning projects. This cantonal pre-emption right mainly targets building land. The exact situation of your property should be confirmed with your notary.

Why it can change your project

A right-of-way easement reduces the exclusive use of part of the land. A distance easement may prevent you from extending the house on the side you had in mind. A pre-emption right, if exercised, means the sale will not go through with you, even after an agreement with the seller. Better to know these elements before committing than to discover them at the notary's office.

How to check before making an offer

The process comes down to a few steps. Ask the seller or the agency for an up-to-date land registry extract and read every easement listed. Consult the plan to see rights of way and pipelines. Find out which zone the property is in, since this determines whether a public pre-emption right applies. Finally, have your notary review everything before you make your offer. The notary will confirm the actual scope of each burden.

Every situation is specific, and this article provides general guidance that does not replace a case-by-case analysis, to be confirmed with your notary.

If you are preparing a purchase in Geneva and want clarity on a specific property, our team can support you with these checks. See our approach to buying, or request a valuation if you are also considering selling.

Sources

• State of Geneva, land registry consultation: ge.ch
• General law on housing and tenant protection (LGL, I 4 05); Swiss Civil Code, easements (art. 730 et seq.)