Legal definitions

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Author : Kristen

Right of land occupancy

The right of land occupancy entitles persons to build on land that does not belong them (CSS arts. 779, 799 a-1).

If this right to build is distinct, meaning it is created in favour of a person who can alienate or transfer it by inheritance, and permanent, meaning it is reserved for a minimum of 30 years, it will be registered in a separate file and will hence be considered real estate.

For this reason, the distinct and permanent right can be alienated, used as collateral or otherwise encumbered.

Both the land owner and the land occupant enjoy the statutory right of pre-emption .

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