Understanding Easements and Property Restrictions

What easements are

An easement (servitude) is a registered right that gives a third party a specific right over a property, or that restricts the owner's use of the property. Common easements in Switzerland include: rights of way (droits de passage) — giving a neighbour or the public the right to cross the property; building restrictions (restrictions de construire) — limiting the height, footprint or type of construction permitted on the land; rights of use (droits d'usage) — giving a third party the right to use part of the property; and utility easements — giving utility companies the right to install and maintain pipes, cables or other infrastructure on the property.

Easements are registered in the land register and are binding on all future owners of the property. They cannot be removed without the agreement of the beneficiary.

How to identify easements

Easements are listed in the land register extract for the property. The extract will show the type of easement, the beneficiary (the person or entity who has the right) and the burdened property (the property subject to the easement). Buyers should review the land register extract carefully and ask the notary to explain any easements that are not immediately clear.

Some easements are routine and have no practical impact on the use or value of the property — for example, a utility easement for underground cables that are not visible and do not affect the property's use. Others may be more significant — for example, a right of way that crosses the garden or a building restriction that prevents the addition of a terrace.

Building restrictions

Building restrictions (restrictions de construire) are a common type of easement in Switzerland. They may limit the height of buildings, the footprint of construction, the type of materials used or the use of the property. In Montreux, building restrictions are common in areas with heritage protections or in zones where the planning authority has imposed specific conditions.

Buyers who intend to renovate or extend a property should verify whether any building restrictions apply before purchasing. A restriction that prevents the addition of a terrace or the raising of the roof could significantly affect the property's potential.

Implications for buyers

Most easements are routine and do not materially affect the value or use of the property. However, buyers should understand what easements exist and what they mean before completing a purchase. If an easement is material — for example, a right of way that crosses the main garden — it should be factored into the purchase price.

Buyers should ask the notary to explain all easements listed in the land register extract and to advise on their practical implications. If an easement is unusual or potentially significant, independent legal advice may be warranted.

Key points

• Easements are registered rights giving third parties rights over the property
• Common types: rights of way, building restrictions, rights of use, utility easements
• Listed in the land register extract — review carefully during due diligence
• Building restrictions may limit renovation or extension potential
• Ask the notary to explain all easements and their practical implications