What is a Superaedificate?
A Superaedificate is a building constructed on land owned by someone else, but which is not intended to remain there permanently. It arises when the landowner and the builder expressly agree that the constructed building does not pass into the ownership of the landowner.
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The owner of the building is therefore a different person from the owner of the land. A Superaedificate generally exists for a limited period of 70 to 100 years and is usually removed or renewed after this period.
In contrast to a building right (Baurecht), a Superaedificate is not an independent component of an entry (Einlage) in the Land Register. However, it can be recorded in the Deed Deposit Register (Urkundenhinterlegungsregister).
Example:
A person builds a bathing hut on lakeside land owned by the municipality. In this case, a Superaedificate exists because the building does not automatically become the property of the municipality. The land and the building therefore belong to two different persons.
Example Land Register Extract
