Land Registry Transfer Rejection Due to Missing Commercial Register Extract

The case concerns the rejection by the land registry office of an application to record the transfer of an agricultural business, spanning property in two cantons, under the Merger Act, which also involved the establishment of a lifelong right of residence and a right of first refusal. The appellate court dismissed the appeal, reasoning that while the Merger Act permits a single public document for the transfer of land located across different cantons, the applicant failed to provide the required certified extract from the Commercial Register as mandated by the Cantonal Land Registry Ordinance to prove the transfer of ownership, rendering the registration inadmissible despite the simplified procedure offered by the Merger Act for such transfers.