Agreement between the Governments of the Cantons of Appenzell Outer Rhodes and Appenzell Inner Rhodes concerning the public certification and land registry treatment of legal transactions involving in rem rights on real estate located in both cantons
Statutory Text (5 Provisions)
1. Legal transactions concerning real property rights on a parcel of land located in both cantons shall be notarized by the notary public of the canton under whose regulations the larger portion of the total area of the involved property is situated.
2. Exchange transactions involving properties located in both cantons shall be notarized by the notary public of the canton in whose territory the larger portion of the total area of the properties is situated.
3. Before notarization, the notary public must obtain the necessary information concerning the properties located in the other canton by obtaining an extract from the land register or the cantonal transitional register.
4. The notarization of legal transactions concerning only the portion of land located in one canton, and not notarized with other legal transactions according to paragraphs 1 and 2, shall take place in that canton.
5. For the notarization of legal transactions concerning properties, the competent notary public may, in any case, proceed to the territory of the other canton to perform the public notarization according to the regulations of their own canton.
1. In the case of the creation of new land charges, mortgage certificates, and ground rents on a property located in both cantons, the regulations of the canton responsible for the initial registration shall be decisive regarding the valuation for the entire property.
1. The application for registration, deletion, notation, or annotation in the land register must be submitted to the land registry office in whose district the larger part of the total area of the properties involved is located.
2. This land registry office must immediately provide the involved land registry offices with the necessary notifications and deliver to them a copy of the proof of legal grounds.
3. Exchange contracts must be registered at the land registry office of the notarization location and from there, with a copy of the contract, filed with the involved land registry offices.
4. Feedback regarding the completed mutual registration must be promptly provided to the land registry office that made the initial entry.
1. Notarization fees are determined according to the regulations of the canton in which the official responsible for notarization is located, and these fees are collected solely by this official office.
2. Land registry fees, transfer taxes, and charges are levied in proportion to the value of the properties and parts of properties located in each canton, according to the regulations applicable there. The land registry official responsible for registration is either advanced these fees or ensured they are covered and, in the latter case, takes care of their collection. The official forwards the corresponding amounts to the competent office of the other canton.
3. Required extracts, copies, and notifications are subject to fees. Tax-related notifications and reports from one office to another are mutually exchanged without fees.
1. The convention is concluded for an indefinite period; however, it may be terminated at any time with one year's notice.
2. It enters into force upon approval by the Federal Council and the Cantonal Council of Appenzell A. Rh.