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Real estate legal protection – what is insured?

Your home is your refuge. It’s where you feel safe and relaxed. But conflicts can quickly arise – whether with neighbors, construction companies or other parties. If you become involved in a legal dispute, legal support is indispensable.

In-depth legal advice can be worth its weight in gold in such situations. AXA-ARAG’s experts step in to help you settle disputes right away. And if the case ends up in court, you can count on the help of 180 experienced lawyers and legal experts.

So that you don’t have to shoulder the financial risk, real estate legal protection insurance offers you reliable protection from the first day after you take out the policy. Important: The insurance covers legal disputes if the cause of the conflict occurs during the insurance period.

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Your advantages with real estate legal protection from AXA-ARAG

Largest legal service in Switzerland with 180 lawyers and legal experts.
Stellar reviews for our services: Our customers have given us 4.6 out of 5 stars.
Over 45 years of experience and expertise in all legal areas.

What is real estate law?

Real estate law covers all legal matters relating to real estate such as buildings and land. In Switzerland, for example, it governs the purchase, sale and use of real estate. Other relevant topics that are governed by the Civil Code or the Code of Obligations and fall under real estate law include:

Neighbor law: Neighbor law governs the relationships between neighboring owners and their properties. The range of disputes is fairly broad, extending from disputes over noise pollution to issues of property boundaries or privacy to other instances when neighbors don’t see eye to eye.
Tenancy law: Tenancy law, which in Switzerland is part of the Swiss Code of Obligations, governs the relationship between landlords and tenants as well as their respective rights and obligations. Specifically, this often involves questions about damage, repairs, termination of rental agreements, increases in rent, back payments or advance payments.
Ownership law: Ownership law deals with issues relating to the ownership and possession of buildings and land. It governs who is the lawful owner of a property and the rights and obligations associated with it.
Home ownership law: This law governs the rights and obligations of persons (or associations of owners) who own a condominium.
Building and planning law: This area of law governs everything related to building permits, spatial planning and building regulations as well as environmental requirements. The legal provisions may differ from canton to canton.
Contract law (in the context of real estate): This also falls under the Swiss Code of Obligations and deals with the contractual and legal aspects of real estate. It usually involves renting, selling or buying buildings and land.

In addition to this, disputes over land register entries may also arise. The land register is a publicly accessible register in which all the land of a municipality and the associated ownership and possession conditions can be viewed.

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What does real estate legal protection cover?

Anytime there is a legal problem in connection with real estate, real estate legal protection takes effect. While it is possible that the exact terms may differ depending on the contract, there are some typical cases in which real estate legal protection applies. Here are some examples:

Typical legal cases involving landlords

Occasion	Explanation
Tenancy law disputes	You are a landlord and are having legal trouble with your tenants, for example, in connection with notices of defects, rent increases, the lease agreement or with terminating a lease. This is where real estate legal protection or landlord legal protection comes in.
Disputes relating to contracts for work and services	Real estate legal protection insurance is also relevant when it comes to disputes relating to contracts for work and services. Often these are contracts with architects and construction companies. Or for the sale or purchase of land and buildings.
Disputes with neighbors	Conflicts with neighbors are commonplace. But the causes can vary: construction projects, noise, land boundary issues and more. These are cases where real estate legal protection can help.
Disputes over residential property	Conflicts that need to be settled by law can also arise in communal housing projects such as associations of owners – which are also cases where real estate legal protection comes in handy.
Ownership dispute	Disputes often arise over ownership or claims to ownership of residential property. Real estate legal protection also applies in such a scenario.
Disputes under contract law	Contracts are always being contested, and it’s no different for real estate contracts. This often involves sales or purchase documents or contracts with construction companies and architects. Real estate legal protection generally also covers these cases.

What costs are covered by the insurance?

The costs covered by the insurance primarily depend on the contract. But here too, there are typical costs that are covered by real estate legal protection insurance. Below you will find an overview.

Expert fees: In order to clarify a situation beyond any doubt, experts are often needed. Hiring these experts costs money – and these costs can be covered by real estate legal protection.
Fees for lawyers: Lawyers can do more than just help you in court. They can also give you expert legal advice. These costs are also covered by real estate legal protection.
Court fees: Legal proceedings cost money, and often there are also fees for witnesses, etc. In most cases, real estate legal protection covers these costs.
Costs of the other party: If you lose the legal dispute, real estate legal protection can – depending on the policy – cover the costs of the opposing party.

Frequently asked questions about real estate legal protection

This depends on the specific insurance policy. As a rule, however, civil-law disputes relating to the insured property are covered, such as neighbor law, ownership issues and rights in rem*.

*Rights in rem means the right to a thing residing in every person which must be respected by everyone else. In this case, the item can be movable, such as an object, or immovable, such as land or a building.

The exact coverage of the costs is specified in the policies and General Insurance Conditions (GIC), but the costs of lawyers and experts as well as court costs are normally covered by real estate legal protection.

More legal protection offers for you:

Legal tips on MyRight

On myright.ch, you’ll find lots of helpful tips, checklists and document templates on topics such as the Internet, housing, consumer affairs, etc.

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Legal Advice PLUS

For CHF 99 a year, you get three hours of advice on all issues relating to Swiss law. We explain the legal situation and discuss your options as well as the risks and opportunities involved.

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One-time consultation for ongoing cases

A one-time phone consultation from MyRight is a quick solution for ongoing legal cases that cuts out the paperwork. You can pay conveniently by credit card.

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Having the law on your side

Trouble with your employer? Disagreements with a neighbor? Or problems with the landlord? We will assist you with legal disputes, provide advice when you have questions about the law and help you stand up for your rights.

To personal legal protection

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