One of the consequences of territorial densification is that owners now live much closer to one another. As such, it is becoming increasingly important for an owner to know what his or her rights are and where the rights of neighbours end. It is therefore crucially important to remain on good terms with neighbours, or otherwise risk a worsening quality of life. Within this context, by involving a lawyer it is possible to clarify the rights of each owner, take a step back from a problem that could rapidly take on an emotional dimension and, where applicable, search for an amicable solution or take action before the administrative authorities or the courts.
Although a condominium is extremely useful in facilitating access to ownership, as it is well known however, it can also be fertile ground for arguments and disputes. It is thus more than appropriate for the legal framework to be reviewed in the closest details before any changes are made: it may be necessary to draft condominium regulations, to establish shared rules, to regulate purchase rights or rights of pre-emption, to make provision concerning organisational arrangements (appointment of a building manager and the related powers, condominium meetings) and to take any action necessary to allocate tasks and responsibilities among the co-owners, both vis-à-vis one another and towards the condominium.
This means that a property owner can be confronted by a wide variety of situations. My neighbour has told me that the tree I planted a couple of years ago is blocking out sunlight on his property: can he force me to cut it down, even though it is entirely overhanging my own property? I once granted a right of way over my land, but now the municipality has built a new road, providing alternative access for my neighbour: can I get this easement cancelled? Can Swiss Federal Railways complete a compulsory purchase of my home in order to expand a railway line? The general meeting of a condominium has appointed an incompetent building manager; how can I dispute this decision?
For all of these questions, the firm r&associés has specialist lawyers who can provide answers and represent your interests, in particular before the courts.
