Act on the Introduction of the Swiss Civil Code (EG ZGB) - Municipal Council (EGZGB)

1. Authority within the meaning of this Act and the Civil Code is the Municipal Council of Residents, unless otherwise specified.

1. Decisions of the Municipal Council may be appealed to the Government Council within 20 days of delivery. Provisional measures remain in effect until the decision by the Government Council.

2. The relevant provisions of the Civil Procedure Code apply to the calculation of deadlines.

1. Publications pursuant to this law shall be made in the Official Gazette of the Canton of Unterwalden ob dem Wald and in the Swiss Commercial Gazette, if this is prescribed by the Civil Code.

2. The authority issuing the publication shall also determine whether it should be published in other gazettes.

1. The fees and salaries provided for by the Civil Code or this introductory law shall be determined by a cantonal council ordinance.

1. Applications for Declarations of Disappearance (36) as well as for the Determination of Life or Death of a Person are to be submitted to the Cantonal Court Presidency along with any relevant documents. The summary procedure applies.

1. The Presidency of the Cantonal Court issues the necessary publications and renders the decision. The applicant must be notified of this in writing. If a declaration of disappearance or a determination of death is pronounced, the commencement of its effectiveness is determined simultaneously. The decision is then published and communicated to the civil registry office.

1. If a declaration of disappearance is simultaneously requested with the dissolution of marriage, both requests shall be addressed together and adjudicated by the competent judge.

1. Civil Status Matters, the Employment and Remuneration of Employees, and Their Supervision are Regulated by a Cantonal Council Ordinance.

1. For any damage caused by the civil status officer and not covered by them, the canton has the right of recourse for half of the amount against the respective local municipality (42).

1. The Action for Rectification of Entries in the Civil Status Register (42) is adjudicated by the Presidency of the Cantonal Court.

1. Whoever finds a child of unknown origin (46) must immediately notify the municipal president of the place where the child is found.

1. Legal Personality is acquired pursuant to Article 59 of the Civil Code by

1. the local, civic, and church communities;

1a. the public-law associations;

2. the monasteries and ecclesiastical institutions;

3. the corporations and partnerships, provided they possess a statutory right;

4. the water cooperatives and cooperatives pursuant to Article 114 of this law. These acquire the status of legal personality through the enactment of a regulation by the cantonal council, or through the governmental approval of a regulation enacted by the cooperative itself.

2. Cooperatives of the latter type already in existence may subject themselves to the provisions of this law if they obtain the approval of their statutes by the governmental council.

1. On the Action for Dissolution of an Association (78), the government council is responsible.

1. Municipalities may form special-purpose associations to jointly fulfill one or more public tasks.

2. Special-purpose associations are corporations under cantonal public law. The members are the affiliated municipalities.

3. The statutes, other legislative enactments, and the resolutions adopted based on them by the special-purpose association take precedence over the law and resolutions of the member municipalities.

4. The legislative enactments of the special-purpose association are subject to approval by the government council.

**1. The Association has at least the following bodies:**

1. The voting members of the constituent municipalities;

2. The Assembly of Delegates, consisting of at least one delegated person per constituent municipality (municipal representation); the Assembly of Delegates meets publicly;

3. The Board, consisting of at least three persons; these may not belong to the Assembly of Delegates;

4. The Auditing Body.

**2. The voting members of the constituent municipalities decide on at least the following:**

1. The accession, the withdrawal, and the dissolution;

2. The amendments to the statutes concerning the association's purpose and the delegated tasks;

3. The authorization of the Assembly of Delegates to enact legal provisions;

4. The authority of the Board to issue decisions on administrative legal matters.

1. The statutes shall contain at least provisions on

1. the name and the registered office;

2. the purpose and the delegated tasks;

3. the organs (composition and main responsibilities);

4. the voting rights of the municipal representatives in the assembly of delegates;

5. the important resolutions requiring unanimity;

6. the financing, the financial budget, the cost distribution;

7. the amendment of the statutes;

8. the withdrawal and the financial consequences;

9. the dissolution and the liquidation.

2. The statutes may, where applicable, contain provisions on

1. the authorization of the assembly of delegates to enact legal provisions;

2. the authority of the board to issue administrative judicial decisions.

3. If the statutes do not contain a regulation, Articles 60 et seq. of the Swiss Civil Code concerning associations shall apply subsidiarily as cantonal public law.

1. The following resolutions require the unanimity of the Delegates' Assembly and, where applicable, the approval of the voting members of all municipal associations

1. amendments to the statutes concerning the purpose of the association and the delegated tasks;

2. amendments to the statutes concerning

a. financing, financial budget, and cost distribution;

b. dissolution and liquidation;

c. withdrawal and its implications for property rights;

d. liability.

1. The statutes shall enter into force one month after the voting-eligible members of the municipal associations have made a decision regarding the accession and the statutes have been approved by the governing council.

2. Upon the entry into force of the statutes, the association acquires legal personality.

3. Upon acquiring legal personality, the municipal associations shall ensure the liquidity of the association, possibly through advance payments based on the estimated expected costs.

1. An appeal against the decisions of the board or the municipal council may be filed with the governing council within twenty days.

2. The statutes may provide that appeals against the decisions of the board must first be lodged with the competent municipal council.

1. For the liabilities of the association of municipalities, the assets of the association shall be primarily liable. If these assets do not provide sufficient coverage, the member municipalities shall be jointly liable.

2. The member municipalities shall be liable among themselves proportionately according to their voting power within the association of municipalities, unless the statutes provide otherwise.

3. Otherwise, the Liability Act shall apply. Specific statutory provisions of federal and cantonal law remain reserved.

1. Supervisory Authority over the Foundations, depending on their purpose, is either the Resident Municipality, Citizen Municipality, Church Municipality, or the Government Council. With respect to church foundations, the cantonal public law remains reserved (87). In cases of jurisdictional disputes over supervisory authority, the Government Council shall decide, or, if it claims supervisory authority itself, the Superior Court shall decide.

2. The Government Council may delegate the supervision of foundations that, according to their purpose, belong to the canton or several municipalities (Art. 84 of the Civil Code) to the Central Swiss BVG and Foundation Supervision (ZBSA).

1. The administration of foundations is subject to the provisions applicable to the administration of municipal or state assets. In the case of ecclesiastical foundations, cantonal public law remains reserved (87).

1. Amendments to the Purpose (86) or Organization (85) of a foundation that is under the supervision of a municipality are carried out by resolution of the Government Council. If the foundation falls under the supervision of the Government Council, the Cantonal Council decides on these amendments.

1a. The Central Switzerland BVG and Foundation Supervision Authority (ZBSA) is responsible for changes in the organization and purpose of foundations under its supervision.

2. In the case of ecclesiastical foundations, the consent of the competent ecclesiastical authority is required.

1. Jurisdiction for Filing an Action for Annulment (106) lies with the Municipal Council at the residence of the spouses.

1. The Property Register is administered by the registrer of the Commercial Register or, in the event of their incapacity or disqualification, by their deputy.

1. Competent Authority to Contest the Recognition of an Extramarital Child (Art. 259 para. 2 and 260a) is the municipal council of the father's place of origin. The civil registrar is required to notify the same council of the successful recognition.

1. The Child and Adult Protection Authority is the specialist authority within the meaning of federal law (440). It is responsible for the entire canton.

1. The management of mandates by professional deputies is the responsibility of the municipal communities. Several municipal communities may consolidate the management of mandates in a central organization.

1a. The management of mandates by private deputies is the responsibility of the canton.

2. The Child and Adult Protection Authority appoints private or professional deputies (400) for the management of mandates; it supervises the deputies.

3. The canton may assume the management of mandates for a fee upon request from individual municipal communities.

4. If all municipal communities transfer the management of mandates to the canton, the canton must assume it for a fee.

1. The Executive Council is the Supervisory Authority (441).

1. The Administrative Court is the judicial appeals instance (450).

2. The competent court in the area of welfare placement (439) is determined by the Court Organization Act.

1. The Child and Adult Protection Authority can order outpatient measures (437).

1. The Child and Adult Protection Authority is responsible for ordering accommodation and discharge, insofar as these responsibilities have not been assigned to the facility (428). By regulation, the authority to order accommodation may be extended to certain physicians (429).

1. The Child and Adult Protection Authority is responsible for aftercare (437). The responsibility may be transferred to the institution by ordinance or in individual cases.

1. The Child and Adult Protection Authority may verify compliance with instructions in the case of outpatient measures or follow-up care. It may appoint deputies or third parties to conduct the verification.

1. The affected person shall generally bear the costs of the measures.

**1. The Canton is liable for damages caused to a person as a result of unlawful actions or omissions during official child and adult protection measures (454).**

2. If the damage was caused by a member of an authority or commission, an employee of the Canton, or a private guardian, the Canton has the right of recourse against the responsible person in accordance with Articles 14 and 15 of the Liability Act.

3. If the damage was caused by a member of an authority or commission or by an employee, agent, or any other person engaged by the municipality, the Canton may take recourse against the respective municipality. In such cases, the municipality is required to reimburse the Canton for all payments made. The municipality has the right of recourse against the responsible person under Articles 14 and 15 of the Liability Act.

4. If the Canton or the municipality has had to compensate for damages instead of a private individual who was involved as an auxiliary person or tasked with managing a matter, the Canton or the municipality has the same claim for compensation against the private individual.

1. The Cantonal Council shall regulate the details by ordinance, particularly concerning the organization, competencies, outpatient measures, welfare accommodation, aftercare, procedure, compensation of the authority's organization, and costs in child and adult protection.

1. The annuity which the surviving spouse can request at any time instead of the usufruct (463), shall be determined by the president of the cantonal court.

1. The Security Provided by the Surviving Spouse to the Co-Heirs (464) is Determined by the District Court President in Case of Dispute.

1. The Ordering of an Inventory in the Event of the Appointment of a Substitute Heir, as well as any Possible Estate Administration (490), shall be Decreed by the Municipal Council at the Decedent's Place of Residence.

1. Testamentary dispositions may be submitted for safekeeping at the archive of the testator's place of residence (505). The government council may issue implementing provisions regarding the safekeeping of additional documents, in particular the advance care directive (361) and the patient decree (371), as well as the manner of safekeeping.

1. The Recording of an Oral Testamentary Disposition (507) or the Corresponding Declaration on Record, Takes Place Before the Presidency of the Cantonal Court.

1. The Appointment of Executors by a Testator (517) is communicated to the concerned parties by the municipal council of the place of residence of the testator.

1. The competent authority for the application for the issuance of a declaration of disappearance (550) is the municipal council of the citizen's municipality of origin of the missing person or the authority responsible for administering the estate.

1. Measures Necessary for Securing the Inheritance (551) are taken by the Municipal Council or, in urgent cases, by the Municipal President.

1. The inheritance must be sealed without delay (552) if

1. one of the heirs expressly requests the sealing;

2. an inventory is to be taken.

1. Sealing is carried out by the municipal president or their deputy with the participation of the municipal clerk. In cases of death where sealing is required, the heirs, family, and household members of the deceased must immediately notify the municipal president.

1. The Inheritance Inventory (553) is prepared by the mayor of the municipality or their deputy, with the assistance of the municipal clerk. It contains a list of the inheritance items and the debts of the deceased.

1. The Invitation to the Heirs to Announce Themselves for the Inheritance (555) is Issued by the Municipal Council at the Deceased's Place of Residence.

1. If, upon the death of a testator, a last will, an inheritance contract, or a marriage contract is found, these documents must be immediately handed over to the municipal president for the attention of the municipal council.

2. The latter shall decide on the allocation of the inheritance to the heirs or the appointment of an estate administration, after the documents (558) have been opened by him.

1. The Certificate of Inheritance Rights (559) is issued by the municipal clerk or the president of the municipal residents on the order of the municipal council.

1. The Renunciation of an Inheritance must be declared to the resident municipal president at the place of residence of the deceased, addressed to the municipal council.

1. The municipal council shall inform the surviving spouse of the renunciation of the inheritance (574), as well as any subsequent heirs (575).

2. It also decides on any requests made by the heirs for an extension of time or a new deadline (576).

1. The application for the establishment of a public inventory is to be addressed to the Cantonal Court Presidency. This authority decides on the application in a summary procedure and, in the case of approval, delegates the task to the bankruptcy office for execution.

2. Within the announcement period, the owners of assets and the debtors of the announced party are required to register their claims with the bankruptcy office. A breach of the reporting obligation can be sanctioned according to the general provisions of the cantonal criminal law.

3. Complaints concerning the establishment of the public inventory must be filed with the Cantonal Court Presidency within ten days of becoming aware of it.

4. Once the publication deadline has expired, the bankruptcy office submits the public inventory to the president of the local municipality, who then requests the heirs to declare their intentions regarding the acceptance of the inheritance.

5. The Cantonal Court Presidency decides on the request for an extension of the deadline.

6. Appeals against decisions of the Cantonal Court Presidency can be lodged with the Superior Court within ten days of delivery.

1. The official liquidation (595) of an estate is ordered by the Cantonal Court Presidency.

1. The appointment of a representative upon the request of an heir in a community of heirs (602) is conducted by the municipal council.

1. The request for postponement of an inheritance distribution (Section 604, Paragraph 2) is decided by the President of the Cantonal Court.

2. The provisional measures requested by the co-heirs (Section 604, Paragraph 3) for securing the inheritance are ordered by the municipal council.

1. If administrative involvement in the division of an inheritance (609) is necessary, the municipal council appoints for this purpose one of its members, or the municipal clerk, or the municipal usher.

1. If the heirs cannot agree on the formation of the lots, a member is appointed by the municipal council to determine the formation of the lots (611). An appeal against this formation of lots can be made to the municipal council, which will order a new formation of lots if the appeal appears to be justified.

2. An appeal against this new decision is permissible to the council of state.

1. The municipal council decides whether an inheritance matter should be auctioned publicly or only among the heirs (Article 612 paragraph 3). It also decides on the sale or allocation of specific inheritance items (Article 613) to an heir.

1. If the heirs cannot agree on the imputed value of a property, it shall be determined by the cantonal tax administration (618).

1. Regarding the Assignment, Disposal, or Division of a Business (621, 625)

The Cantonal Court decides on the assignment, disposal, or division of a business. The decision can be appealed to the Higher Court. The judge is not bound by the submissions of the parties but may independently order the collection of evidence deemed necessary.

1. Inheritances that, due to the absence of legal heirs or a last will, would devolve to the state shall be allocated, one half to the cantonal mental health fund and the construction fund of the cantonal hospital, and the other half to the school fund of the municipality in which the inheritance has fallen.

1. The customary local term (338 and 622) for termination of a community is considered to be March 1st and the first month of winter.

1. All property boundaries must be demarcated within a period of 10 years. The Executive Council is authorized to extend this period if necessary. The Cantonal Council shall issue a related demarcation instruction.

2. If a landowner refuses to cooperate in the rectification of boundary marks, the President of the Cantonal Court, upon application by the involved party or parties, shall take the necessary measures (669).

1. If a tree stands in a hedge, or if it touches the hedge or has grown out from it, it belongs to the person who has the obligation to maintain the hedge. This provision also applies to boundary walls. For boundary walls and stone embankments, a maximum width of one meter is applicable.

1. Fund Notifications (720) shall be addressed to the President of the Municipal Council. If necessary, the same person shall also order the auction (721).

1. The government council is responsible for the approval of the commercial extraction of stones and soils.

1. An owner is entitled (695) to temporarily enter the neighboring property, after prior notification to the neighbor, for the purpose of managing their estate or for carrying out repairs and constructions. The owner is obliged to compensate for any damages caused.

1. Between two private properties, each of the adjoining property owners is responsible for half of the boundary, whereas with boundaries adjoining public property, the private owner alone is responsible for fencing, provided that a fence is necessary and unless a contract or customary law dictates otherwise.

1. The topping of fruit trees is prohibited for the owner of the adjoining property. He has a claim to the benefit of the overhang (688).

2. Walnut trees and non-fruit-bearing standard trees may only be planted at a distance of 6 meters, other standard fruit trees at a distance of 4 meters, dwarf fruit trees, and shrubs only at a distance of 50 centimeters from the boundary. If the adjoining land consists of forest ground, trees and shrubs of any kind may not stand closer than 50 centimeters to the boundary.

3. No private law objection can be raised against the planting of trees on or along roads and in public places if a tree trunk distance of at least 3 meters from the building line is observed. On existing roads and in facilities, trees that have been removed may also be replaced by new ones, even at a shorter distance.

1. The claim for the removal of trees is subject to a statute of limitations of two years from the planting of the tree that is planted too close to the boundary.

2. Trees that have long stood or have been permitted by the neighbor to grow closer to the boundary are protected in their existence; however, if they die off, except in cases of special agreements and with the exception of existing forest land, the rule applies again to replanting.

3. Overhanging branches and roots from adjacent forests or forest trees may be trimmed and appropriated only under the supervision and guidance of the respective forest officer if they damage the property and are not removed within a reasonable period upon complaint.

4. Pruning conducted without the prior knowledge of forestry personnel results in penalties for the adjoining landowner.

1. Forests newly emerging through artificial or natural means shall, if they adjoin the meadow or farmland of a third-party owner, remain at least 6 meters away and, in the case of less productive cultivated land, at least 3 meters from the neighboring property.

2. Exceptions to this provision may be permitted by the government council.

1. Winter paths remain open, with special rights reserved, during the months of December, January, and February.

2. Otherwise, the content of path rights, insofar as they are not specifically regulated in individual cases, is determined by local custom.

3. The provisions applicable to emergency paths (694) correspondingly apply to necessary wood transport routes, watering paths, winter paths, and routes for livestock and wheeled vehicles.

4. New paths of this kind shall only be approved if the applicant cannot manage otherwise or only with great difficulty.

5. If such pathways, which were previously abandoned due to disuse, become necessary again, the holder of the servient estate is entitled to compensation only to the extent that any replacement was provided for the cancellation.

1. The President of the Cantonal Court decides on the applications for security by the usufructuary (760, 775), orders the appointment of a legal guardian if necessary (762), and takes the necessary measures if the owner and the usufructuary cannot agree on the immediate actions to be taken (773).

1. The inventory, which is required by the usufructuary or owner (763), shall be recorded by the notary, who shall also issue the certificate thereof.

1. The usufructuary is required, at the request of the owner, to insure buildings adequately against fire damage, and similarly to insure movable property, unless special circumstances justify an exception (767). In individual cases, the usufructuary may appeal to the President of the Cantonal Court to determine whether such an exception exists or not.

1. For the purpose of land improvements, such as drainage, afforestation, road construction, consolidation of forests and agricultural properties, the involved landowners may form a land association.

2. If the majority of the involved landowners, who simultaneously own more than half of the land involved, consent to the formation of such a land association, the remaining parties are obliged to join.

3. Buildings, gardens, as well as properties where quarries, gravel or clay pits are operated, cannot be compulsorily included in such an enterprise, unless the enterprise cannot otherwise be executed without them.

1. The involved landowners elect a land consolidation commission, which prepares the provisional boundary circle, the statutes, the plan, and the cost estimate.

2. The government council may delegate this task to the cantonal administration upon the request of the involved landowners in return for appropriate compensation.

1. The statutes must contain

1. Provisions concerning the management and operation of the enterprise;

2. Designation and description of the involved properties;

3. Provisions for covering the construction and maintenance costs.

1. Plan and Cost Estimate must include the description of the work to be executed and the area involved, as well as the new division of the fields.

1. The statutes, as well as the plan and cost estimate, must be made available for inspection by the interested parties at the municipal office of the municipalities in whose area the involved properties are located for at least 14 days.

2. The availability for inspection must be publicly announced with a request to submit any objections in writing to the municipal office during the inspection period. Anyone who does not raise an objection is deemed to have agreed to the statutes and the proposed implementation of the project.

1. The statutes, plan, and cost estimate are subject to the approval of the Government Council.

2. All objections received must also be submitted to the Government Council along with these documents.

3. Approval is granted if the proposals comply with legal regulations, the necessary conditions for a proper and secure execution are met, and the costs of the enterprise are in proportion to its benefits.

4. The Government Council addresses the objections received. If they are of a civil law nature, it refers the objectors to pursue the civil law route.

1. The determination of the basis for calculating the contributions that the property owners must provide to the company, as well as the ascertainment of the benefits accruing to them from the company, is the responsibility of the land consolidation commission. For the determination of the perimeter area according to the Water Construction Act, it may involve experts. The provisions of the Appraisal and Mortgage Law shall apply mutatis mutandis.

1. By approving the statutes, the plan, and the cost estimate, the field cooperative is legally constituted.

2. The approval entitles the field cooperative to acquire the properties and rights necessary for the execution of the enterprise by means of expropriation and to require the involved landowners to contribute a proportional share.

1. The execution of the work may only commence after the approval of the plans by the Government Council. The start must be announced publicly in a timely manner by the Land Commission.

2. If during the execution of the project, changes or additions prove necessary, they will be ordered by the Government Council after hearing the participants.

1. In the reallocation of land parcels, each owner should, as far as possible, receive compensation for the value of the relinquished land parcels in the form of land in a similar location and with approximately the same soil quality and productivity. Due consideration shall, in all cases, be given to a purposeful consolidation of properties.

1. Monetary compensation may only occur

1. to balance minor discrepancies in value between the exchanged properties;

2. when small parcels of land need to be ceded and there is a lack of suitable land for compensation.

1. All disputes arising from the enterprise among the parties involved shall be decided on appeal by the Government Council. Those members who participated in the execution of the enterprise shall recuse themselves, and the Government Council shall be supplemented with members from the Cantonal Council.

2. Compensation to third parties shall be made in accordance with the cantonal legislation on compulsory expropriation.

1. Upon completion of the enterprise, the land consolidation commission must publicly certify the new land division and have it recorded in the land register. No fees shall be charged for the entries associated with this in the land register (954).

1. In the implementation of a sewage system through a group of houses or properties, Articles 114 to 126 of this law shall apply correspondingly.

2. In the allocation of charges, consideration shall be given both to the value of the real estate and to commercial facilities that derive particular benefit from the sewage system, and all relevant circumstances shall generally be taken into account.

1. The Conveyance of Springs Outside the Canton (705) Requires the Approval of the Executive Council.

1. Whoever directs a well is obligated to ensure the harmless disposal of the wastewater. The neighbor, through whose property the water can be most directly and harmlessly conveyed, is required to allow the drainage in exchange for full compensation for any damage caused thereby.

2. It is prohibited to sink water if there is a justified presumption that it might cause harm by flowing underground now or in the future.

1. The government council may authorize the introduction of private or public wastewater pipes and sewers into public waters. However, if this should disadvantage water extraction and drinking rights, these disadvantages must be compensated, and such compensations must be determined by means of expropriation in the event of a disagreement.

1. Entry into forest, pasture, and meadow land for the purpose of hunting and fishing is permitted (699). Any damage caused must be compensated.

2. Meadow land on private waters may only be entered for the purpose of fishing with the permission of the landowner.

1. The government council shall enact a regulation regarding the prohibition or taxation of billboards, posters, and other signs serving advertising purposes.

2. It is authorized to take necessary measures and establish penal provisions by means of regulations for the protection and preservation of antiquities, natural monuments, trees, rare plants, to secure landscapes, townscapes, and viewpoints against disfigurement.

3. This authority can also be delegated by the government council to the municipalities.

4. The state and municipalities are entitled to protect and make accessible items of the types enumerated in paragraph 2 of this article through compulsory expropriation, and particularly by establishing a public-law easement.

1. When expropriation results in a benefit to the expropriated party themselves, the value of such benefit shall be taken into consideration in the assessment of the compensation amount.

2. In cases of expropriation of water power, where special circumstances make it appear appropriate, compensation may be rendered wholly or partially by the allocation of electrical power.

1. Municipalities and local municipalities are entitled to establish provisions

1. * ...

2. regarding the conditions under which private roads may be constructed and the conditions under which they may be taken over by the municipality or local municipality;

3. concerning the construction of roads and sidewalks, drainage channels, sewer systems, lighting and water supply systems, and similar infrastructure, as well as the contributions of building and property owners to their creation and maintenance;

4. regarding the construction of farm roads and paths, as well as the contributions of building and property owners to the costs and maintenance, insofar as they benefit from the installation;

5. concerning the installation and protection of trees and ornamental plants on streets and public squares.

2. In the event of an appeal, the government council shall decide on the distribution of the contributions specified in numbers 3 and 4, taking into account the principles contained in Article 127 of this law.

3. The regulations issued on the basis of this article are subject to the approval of the government council.

1. The registration records of livestock pledges (885) are maintained by the enforcement officers in the municipalities.

2. The authorization to financial institutions and cooperatives to conclude such transactions is granted by the governing council.

3. If pledged livestock is moved from the municipality in which it is registered to another municipality, the enforcement officer of the latter municipality must be informed thereof by the officer of the former municipality.

1. The Canton of Obwalden constitutes a single land registry district. A branch office exists in Engelberg.

2. The management of the land register is the responsibility of the land registry office.

3. The government council regulates the detailed organization of the land registry office and determines its location.

1. The land registry office is a cantonal authority in accordance with Art. 22 para. 1 of the State Administration Act.

2. It manages the land register according to federal law provisions and particularly discharges the following duties

a. Division of a property (Art. 743 paras. 2 and 3);

b. Fragmentation and notification of debt assumption (Arts. 833 and 834);

c. Changes in the pledge relationship (Art. 852 para. 2);

d. Issuance of mortgage certificates (Art. 861);

e. Acceptance of payments when the creditor's place of residence is unknown or has been relocated to the detriment of the debtor (Art. 851 para. 2);

f. Annotation of public law property restrictions (Art. 962);

g. Rectification of registrations during the division and consolidation of properties (Arts. 974a and 974b);

h. Facilitated deletion of entries that are indisputably insignificant (Art. 976);

i. Deletion of other entries (Arts. 976a and 976b);

k. Introduction of the land register (Arts. 38 ff. Transitional Provisions Swiss Civil Code);

l. Execution of the public rectification procedure (Art. 976c).

3. The land registry office publishes the acquisition of properties in the official gazette.

4. The employees of the land registry office and the land register rectification office are liable to the canton for damages caused by their fault in the management of the land register.

1. The Executive Council is the supervisory authority (Art. 949d Para. 2, Art. 953 Para. 1, and Art. 956 Para. 1).

2. It initiates regular inspections, during which it may delegate direct supervision of the management of the land register to a land register inspector.

1. An appeal against a decision issued by the land registry office can be filed with the government council within 30 days. In cases of denial of justice or delay in justice, an appeal can be filed at any time (956a and 956b).

2. Furthermore, the provisions of the State Administration Act and the Administrative Procedure Ordinance are applicable.

1. The Cantonal Court Presidency is responsible

a. for the registration of ownership of a property not recorded in the land register (662);

b. for measures in cases where the property owner, the easement holder, the mortgage creditor cannot be found, or when the required organs of a legal entity are missing (666a, 666b, 781a, and 823);

c. for the rectification of lien rights (833 para. 2);

d. for ordering the deposit of payments on a debt certificate (851);

e. for provisional entries in the land register (961 and 966);

f. for contesting the deletion and ordering corrections (976b).

2. Otherwise, the Code of Civil Procedure and the Court Organization Act are applicable.

1. Real properties that are not privately owned and that serve public use must be recorded in the land register.

1. The government council may regulate in implementing provisions whether and to what extent

a. electronic commerce is offered;

b. electronic extracts from the paper land register, the journal, auxiliary registers, and documents are offered;

c. electronic information and inspection of data in the main register that can be viewed without proof of interest are permitted;

d. certain authorities or individuals are granted extended access to the data of the main register, the journal, and auxiliary registers.

2. The government council decides on the nature and scope of access to data of the main register for cadastral surveyors, cantonal offices, municipalities, other public law corporations, and notary publics. It may, after prior consultation with the land registry office and the data protection officer, grant other persons and authorities direct or indirect access.

3. The government council shall issue a data protection and data security concept and order the necessary measures.

1. The public law restrictions on ownership ordered for an individual, private property through an administrative order or an administrative contract according to Art. 129, para. 1 of the Land Register Ordinance are to be noted in the land register. For other public law restrictions on ownership, the notation is not mandatory.

2. The authority responsible for registering public law restrictions on ownership for notation or deletion in the land register is the authority of the public entity or the body responsible for the respective public task that has ordered or co-initiated it.

3. The costs shall be borne by the initiator of the administrative proceedings. If the public law restriction on ownership is noted in the land register due to an administrative contract, the allocation of costs adheres to the specific interests involved.

4. The Government Council may issue further grounds for notation in accordance with Art. 129, para. 3 of the Land Register Ordinance. In such a case, it shall compile a list of all grounds for notation and communicate it to the Confederation.

1. The governmental council is responsible for ordering the public rectification procedure (976c).

2. The costs of the public rectification procedure are borne by the canton.

3. The details and the procedure are regulated by the governmental council in implementing provisions. It may further facilitate the rectification or issue regulations deviating from federal law.

1. The Cantonal Council regulates land registry fees by ordinance.

2. The Government Council regulates the maintenance of the land registry in implementing provisions.

1. The establishment, implementation, and maintenance of the land register is carried out from municipality to municipality.

2. The land register correction is conducted by order and under the supervision of the Government Council.

3. The Cantonal Council issues the regulations necessary for the rectification of real rights and the introduction of the land register by ordinance.

1. The Action for the Enforcement of a Condition (59, 273h of the Application and Introductory Provisions) is brought by the authority that represents the relevant public interest.

**1. Until the introduction of the federal land register, the effects of the land register as per Article 48 of the Transitional Provisions of the Swiss Civil Code in relation to the creation, modification, or deletion of real rights to properties shall apply to the entries in the old law land register.**

**2. The provisions of the Land Register Ordinance, particularly the regulations concerning the day book, are applicable mutatis mutandis.**

1. As long as the necessary measures for the formation of a single land registry district have not yet been completed, the Canton of Obwalden shall continue to consist of two land registry districts. The first district includes the municipalities of Sarnen, Kerns, Sachseln, Alpnach, Giswil, and Lungern. The second district comprises the municipality of Engelberg.

2. The Government Council is authorized, subject to the financial competencies of the Cantonal Council, to take all necessary measures for the unification of the two land registry districts into a single land registry district.

1. The associations of municipalities must adjust their statutes to meet the minimum requirements set out in Articles 25 and 26a to 26g of this law within five years following the entry into force of the amendment dated January 27, 2022.

1. This law shall enter into force on January 1, 1912.

2. All conflicting legal and regulatory provisions are thereby repealed.

3. The executive council is entrusted with the promulgation and execution of this law.

4. It is incumbent upon them to ensure that the elections and arrangements that are to be made before the entry into force of this law are carried out in a timely manner.