Ordinance on the Land Register in the Canton of Graubünden (KGBV) - Jurisdiction (KGBV)

1. Supervisory Authority is the Department of Economic Affairs and Social Services.

2. Expert Office is the Land Registry Inspectorate and Commercial Register.

1. The application for the unification of several municipalities into a land register district is to be submitted to the competent authority.

2. The competent authority coordinates the corresponding resolution with the approval of the statutes according to municipal law.

1. The land registry district shall notify the supervisory authority of the election of the land registrars and their deputies.

1. Exceptions for the appointment of individuals without a certificate of competence are only granted if proper land registry management with a notary is ensured. They are generally linked with the requirement to obtain a certificate of competence within a reasonable period.

2. The land registry district must submit the application for an exception to the competent authority before the appointment of the individual.

1. Recognized as equivalent to the cantonal certificate of competence are a Master's degree in law with practice in the relevant legal fields as well as certificates that entitle the holder to manage land registers in other cantons.

2. Applications for the recognition of equivalent certificates must be submitted to the competent authority in a timely manner.

1. The land registry districts shall, at their own expense, delegate the land registry administrators and their deputies to instructional courses conducted by the expert office.

1. Land registry applications may be submitted in an official language of the land registry district.

2. If certificates of legal basis or annexes are submitted in another language, the land registry office may require a translation at the expense of the applying party.

1. If the entitled person does not request the return of the pledge certificate after the discharge, it shall be retained upon proof of the deletion of the lien.

2. Discharged pledge certificates may be destroyed after a period of ten years from the discharge.

1. The specialist office compiles a list of the annotation facts according to cantonal and municipal law pursuant to Article 962 of the Swiss Civil Code (ZGB) and submits it to the Confederation.

1. The canton insures itself and the employees of the land registry districts against claims for damages arising from erroneous land registry management. The insurance costs are proportionally allocated to the land registry districts.

1. Electronic public access to the data of the main register, which can be viewed without proof of interest, is exclusively provided through the cantonal geo-data hub.

2. Protection against serial queries is generally ensured by a security query and a limit of ten property-related queries per day.

3. If the queries are made after authentication, a limit of a maximum of 50 property-related queries per day applies.

1. The specialized office coordinates the introduction of electronic commerce, taking into account the interests of the land registry districts.

2. For electronic submissions, the documents necessary for executing the transaction must be submitted fully electronically to the land registry office, with the exception of paper mortgage certificates.

1. The Land Registry Office issues a public call twice consecutively in the publication body of the municipality and the canton.

2. The publication is addressed to all persons who

a) claim rights which have not yet been registered in the cantonal land registry facilities, or

b) request changes or deletions of incorrect or meaningless entries,

3. The registration period is at least two months from the first publication.

1. Registrations must be marked with a receipt stamp by the land registry office and collected in chronological order.

1. The Land Registry Office processes the received applications in conjunction with the parties involved in the legal relationship.

2. If existing entries require renewal, modification or supplementation, the Land Registry Office requests the parties involved in the legal relationship to rectify them.

1. Registered legal relationships that do not require modification shall be transferred with the original registration date.

2. Existing entries that cannot be rectified by agreement shall be maintained and transferred to the federal land register if the legal title confirms the legal content, the encumbered property, and the entitled person or the entitled property.

1. If no agreement is reached between the parties involved in the legal relationship, the land registry office will initiate the convening of the conciliation commission.

2. The conciliation commission consists of three members and two deputies. The land registrar takes part ex officio. The other members are elected by the municipality.

3. The conciliation commission must take all necessary and appropriate measures to ascertain the actual and legal circumstances.

4. It may summon the parties involved and shall keep minutes of the hearings and negotiations.

5. The remuneration of the conciliation commission is the responsibility of the municipality.

1. The supervisory authority assigns the plaintiff's role following a summary examination.

2. Generally, the plaintiff's role is assigned to

a) the party asserting a right not executed in the land register or requesting an amendment of an entry;

b) the party disputing an existing registered right, wholly or partially.

3. With the assignment of the plaintiff's role, the supervisory authority sets a reasonable deadline to bring the matter before the competent court.

4. If the deadline expires unused, the case will be handled according to the assignment of the plaintiff's role.

5. The deadline set must include reference to the possibility of securing the claim through a provisional entry according to Article 961 of the Swiss Civil Code.

1. The Land Registry Office shall publish the completion of the land registry structure twice consecutively in the Cantonal Gazette.

2. The publication must indicate that

a) the revised land register will be available for public inspection for two months, and

b) objections can be filed with the Land Registry Office within the inspection period.

3. The publication may take place independently of the pending judicial assessment of individual cases.

1. The procedure stipulated in Articles 14 to 17 shall apply mutatis mutandis to objections.

2. The land registry shall not entertain requests that have already been addressed in the rectification procedure and shall issue an appealable decision.

1. Separate registers of partial rights must be created and maintained for the partial rights of members of cooperatives governed by cantonal law with real estate ownership within the canton.

2. The register of partial rights consists of the cooperative sheet and the partial rights sheets of the members.

3. The regulations concerning the creation and maintenance of the federal land register apply analogously to the creation and maintenance of the registers of partial rights.

1. The certificate of competence for land register administrators and their deputies is obtained by passing an examination.

2. The examination shall provide evidence that the candidate possesses the knowledge and skills required to practice the profession of a land register administrator.

3. The conduct of the examination is entrusted to an examination commission.

1. The supervisory body elects the president, two members, and three individuals as deputies.

2. The supervisory body may additionally elect a secretary for the examination commission.

3. The members of the examination commission are compensated based on the time spent, in accordance with the Ordinance on Fees of the Land Registry Offices.

1. Only individuals who possess legal capacity, have good character, and have completed a basic land registry education with at least three years of activity, or have at least five years of experience as land registry clerks, are admitted to the examination.

2. The examination board decides on the admission.

1. The specialized department organizes a preparatory course, provided that at least three candidates register for it.

2. For the preparatory course, the specialized department charges a fee contribution of up to 3000 Swiss francs per candidate.

1. The examination is generally conducted every third year. Exceptions are decided by the Examination Committee.

2. The registration for the examination must be submitted to the Chairperson of the Examination Committee with the necessary identification documents in accordance with Article 23.

3. The examination fee is 500 francs. If the candidate withdraws the registration before the oral examination or is not admitted to the oral examination, half of the fee will be refunded.

1. The examination covers the following areas

a) general legal concepts;

b) personal, family, inheritance, and property law, including land registry and notarial law;

c) general provisions of the law of obligations, specific contractual relationships, company law, commercial register law, tax law, as well as debt enforcement and bankruptcy law, insofar as they are relevant to land registry management and land registry notarization;

d) federal, cantonal, and municipal regulations concerning land registry management and land registry notarization.

1. The written examination lasts a minimum of eight hours in total and consists of handling several practical cases.

2. The examination commission regulates the procedure and specifies the permissible aids.

3. Electronic aids are provided. Their misuse leads to immediate exclusion from the examination.

4. The oral examination lasts a maximum of two hours. The members of the examination commission conduct the examination according to a distribution of subjects determined by them.

1. The evaluation of the written and oral examination is conducted by the examination committee using grades between 1 and 6, divided into tenths.

2. A candidate passes the examination if they achieve a minimum grade of 3.5 in both the written and the oral examination, and attain an overall average grade of at least 4.0 from both grades.

3. The overall grade determines the designation as follows

a) 5.5 to 6: passed with very good success;

b) 5.0 to under 5.5: passed with good success;

c) 4.5 to under 5.0: passed with success;

d) 4.0 to under 4.5: passed;

e) under 4.0: not passed.

4. The examination committee communicates the examination results to the relevant department, which then requests the certificates of competence.

5. If a candidate fails the examination for the third time, he or she will not be admitted to any further examinations.

1. Appeals against decisions of the Examination Commission can be lodged with the Higher Court within 30 days.

1. The Regulation on the Certificate of Competence for Land Registry Administrators of September 3, 1990, is repealed.

2. The Regulation concerning the Establishment and Maintenance of Registers of Corporate Membership Rights of May 20, 1997, is repealed.

1. This Regulation shall enter into force on January 1, 2015.