I. General Provisions
Table of Provisions (19)
Statutory Text (19 Articles)
1. For the establishment and maintenance of the land register in the municipalities, the provisions of the Swiss Civil Code (ZGB), the Ordinance of the Federal Council concerning the land register dated February 22, 1910, as well as Articles 180 to 183 of the cantonal introductory law to the ZGB, and the following provisions shall apply.
1. The establishment of the land register shall only commence after the completion of the surveying of a municipality or at least a zone thereof. The government council shall determine the commencement of the establishment of the land register for the municipality.
1. The property ownership rights are determined in accordance with the existing public records and the cadastral plans created through surveying.
2. If errors, gaps, or contradictions are discovered, the land registry office must inform the parties involved and insist on the rectification of the defects through an agreement between the parties and the fulfillment of the statutory formal requirements.
3. If an agreement between the parties cannot be reached, the parties are to be referred to judicial resolution.
4. Corrections in the sense of Art. 977 of the Civil Code are carried out in accordance with Arts. 98-101 of the Federal Ordinance concerning the Land Register.
1. If a property has not yet been registered because it partially lay outside the boundaries of the respective municipality or because, according to previous cantonal law, it did not possess the character of a property, or for other reasons, the recording in the land register shall be carried out based on the available materials and upon notifying the parties involved.
1. Accession (CC Art. 644, 645, 805 and 946) must be noted in the land register insofar as it has already been recorded in the public registers or if the owner requests it.
1. The properties serving public use (Civil Code Art. 944 and Implementing Act Art. 211) shall only be entered into the land register upon specific instruction from the government council.
2. This also applies to railway properties until the establishment of a special railway land register.
1. In addition to real properties, independent and permanent rights to immovable properties (Swiss Civil Code Art. 943, Number 2), such as building rights (Swiss Civil Code Art. 675) and rights to springs (Swiss Civil Code Art. 780), as well as water rights to public waters (Swiss Civil Code Final Title Art. 56), are recorded in the land register upon written request by the entitled parties, with the character of immovable properties (Federal Ordinance on the Land Register Art. 7, Paragraph 1).
1. Existing mortgage rights shall be transferred from the current mortgage register to the land register by the land registry office ex officio.
1. For the purpose of registering the new plot numbers, building numbers, and the transaction indicated in the land register, holders of mortgages on properties in the respective municipality are to be called upon, through public notice, to submit their titles to the land registry office. The clarification and return are to be conducted at the expense of the titleholders.
1. For defective pledge titles, titles under the new law are to be created with the consent of both the creditor and debtor. The conversion of certificates of the old law into titles of the new law should otherwise also be promoted. Particularly, in the case of so-called certificate extracts, conversion into titles of the new law, which hold equal rights with the original primary certificate, should be advocated.
2. The land law certificates are, insofar as no conversion takes place, to be entered in the land register with respect to the so-called accruing interest in the same manner as previously in the subordinate pledge protocol.
1. Property Owners, Mortgage Creditors, and Other Interested Parties are entitled to inspect public records and to request free verbal information from the Land Registry Office.
1. Registration of Easements (Servitudes) in the Land Register is carried out ex officio by the Land Registry based on the content of the previous servitude register.
1. For each property, the land registry office shall summon the parties and disclose to them the content of the existing easements. Substantive or editorial changes may only be made with the consent of all parties involved.
2. If the parties acknowledge the material presented to them in writing as correctly existing, the registration in the land register shall take place.
1. Refusal by one or more of the parties to provide their signed consent for the transfer of the contents of the servitude register into the land register shall result in the matter being referred to a commission elected by the municipal council or to an appointed trustee for this purpose. This conciliation body will inform the parties about the legal relationships and attempt to facilitate a settlement. The costs of the conciliation procedure shall be borne by the municipality.
2. If a settlement is not achieved, the parties are to be directed to legal proceedings with a deadline of two months. If the dispute is not brought before the court within this period, the registration of the easements will be carried out ex officio based on the available materials. In cases resolved by the court, the registration is carried out based on the final judgment.
1. If the content of an easement proves to be unclear or redundant, the land registry office shall inform the parties of these facts and encourage them to provide clarity or to omit unnecessary parts. However, any modification or omission may only occur with the signed consent of the parties.
1. From the commencement of the establishment of the land register, the registration of real rights for the properties included in the land register shall only take place in the land register. For properties not yet included in the land register, the registration of real rights shall be carried out in the prior records.
**2. Fundamental Questions Regarding Registrations in the Land Register are to be Submitted to the Executive Council.**
1. The transfer of the content of the existing mortgage record and the existing servitude register to the land register shall be carried out ex officio and free of charge.
2. For notifications, etc. (excluding the first summons) and for other correspondence, a fee according to the fee schedule may be charged, along with postage expenses, to the parties in whose interest the matter lies.
3. For the clearance of a title of pledge as per Article 10 of this ordinance, a fee of CHF 2.50 may be charged, along with postage expenses, to the account of the titleholder.
4. The fees for the new entries in the land register shall be regulated by the cantonal fee schedule.
5. The municipalities shall decide whether these fees accrue to the municipality or to the land registry administrator.
1. This regulation shall come into force upon approval by the Federal Council.