Resolve Property Disputes in Switzerland
Resolve Property Disputes in SwitzerlandUpdated on Tuesday 10th May 2016
Rate this article
based on 1 reviews.
based on 1 reviews.
Property disputes in Switzerland, which can refer to various areas of conflicts that can appear in the real estate sector, can be solved through alternative resolution methods or through litigation. It is advisable to resolve this type of conflicts through a method outside the Swiss courts, but is important to know that if these procedures fail and if the persons bring the case in front of the court, the proceedings should be completed in a shorter period of time, compared to other jurisdictions; our team of Swiss attorneys can offer legal advice to persons who are involved in a property dispute in Switzerland.
Real estate alternative resolution methods in Switzerland
Property disputes in Switzerland can be resolved through arbitration, which represents an amicable resolution, for parties who consider they can solve the case without the legal assistance of a Swiss court. The method requires the appointment of an arbitrator and it can also require the assistance of experts in the field of real estate.
It is important to know that the method does not include all types of real estate conflicts. For example, disputes arising between tenants and landlords can only be solved through court proceedings, as prescribed by the Swiss law; our team of lawyers can offer more details on the real estate disputes that can be resolved through arbitration. At the same time, the parties involved in such a case can appeal to mediation. As a general rule, mediation is widely used for conflicts which can appear amongst the neighbors.
Real estate litigation in Switzerland
If the out-of-court methods do not provide a settlement convenient to both parties, the case can be brought in front of a Swiss court. An important aspect is that the local legislation prescribes certain limitation periods for bringing a claim, as prescribed by the Codes of Obligations. For example, rent related disputes can be brought to the court in a period of maximum five years.
Property disputes can be dealt with under the civil law – for cases related to tenancy, constructions or property transactions. They can also be addressed under the public law, which refers to the provisions of the public construction or environmental law.
Persons who need further information on the resolution of the property disputes that can arise in Switzerland can address to our Swiss law firm for legal representation.