Ordinance on the Organisation of the Land Registry (Cantonal Land Registry Ordinance) (Kantonale Grundbuchverordnung) - Land Registry Districts

1. The municipalities are assigned to the land register districts according to the decision of the cantonal council dated November 3, 2014.

1. Primary Tasks of the Land Registry Offices are

a. keeping the daily register,

b. handling all land registry matters,

c. document management (recording, scanning, processing, archiving, reuse),

d. providing capacities for central services,

e. participating in projects.

1. Authorities of the Land Registry Offices are

a. the land registrar,

b. the deputy land registrar,

c. the substitutes.

1. The Land Registry Administrator conducts the Land Registry Office.

2. He or she is specifically responsible for the following tasks

a. Implementation of the framework guidelines and strategies set by the management,

b. Personnel and technical leadership of the Land Registry Office,

c. Decisions in non-contentious legal matters,

d. Controlling and quality management for the Land Registry Office,

e. Provision of human resources for group projects,

f. Representation of the Land Registry Office externally.

1. The Deputy Land Register Administrator fulfills the following tasks

a. Representation of the Land Register Administrator,

b. Professional management of staff according to the instructions of the Land Register Administrator,

c. Decisions in non-contentious legal matters.

1. Several deputies are appointed in each land registry office. They perform the following tasks

a. Support of the registrar or deputy registrar in substantive matters,

b. Decisions in non-contentious legal matters.

2. They may additionally perform team leader functions.

1. The Head of the Land Registry directs the land registry system and exercises direct supervision over the land registry offices.

2. In addition to the duties pursuant to § 40 of the Ordinance on the Organization of Courts and Authorities in Civil and Criminal Proceedings dated December 17, 2010, the Head is specifically responsible for

a. drafting opinions on complaints and inquiries of a land registry nature submitted by the Cantonal Court,

b. responding to inquiries of general interest from notaries, official bodies, and private individuals,

c. supervising the commissioners for real rights (§ 69 Cantonal Agricultural Ordinance dated November 3, 1998),

d. preparing land registry-related reports and messages.

1. The Head of the Land Registry ensures that the land registry offices apply the law in a lawful and uniform manner.

2. The professional supervision specifically includes

a. the monitoring of the appropriate organization and management of the land registry offices,

b. the monitoring of compliance with all regulations issued in connection with the computerized land registry, particularly concerning data protection and data security,

c. the oversight of the calculation and collection of land registry fees,

d. the oversight of the use of prescribed forms,

e. the monitoring of proper archiving,

f. the carrying out of formal office transitions in the event of changes in land registry administrators.

3. The examination of the mortgage certificates submitted to the land registry office does not fall within the responsibilities of the Head of the Land Registry. These inspections are carried out by the land registry administrators where necessary.

4. The Cantonal Court is responsible for the technical operation and security of the computerized land registry. It consults the Head of the Land Registry before making important decisions.

1. The Head of the Land Registry has direct authority over the land registry administrators and the land registry offices.

2. He or she is responsible for the preparation of binding templates for land registry extracts as well as the main deeds and letters of the land registry offices. He or she consults the management beforehand.

3. He or she is responsible for the updating of the index of easements, charges, annotations, and pre-notations. He or she submits all updates periodically to the Cantonal Court for approval.

4. He or she may issue directives with external effect. These must be approved by the Cantonal Court. The approval is understood as the result of a preliminary examination; the decision of the Cantonal Court in a specific appeal procedure or the issuance of directives by the Cantonal Court itself remain reserved.

1. The head of the Land Registry shall annually report to the Cantonal Court on their activities and findings, as well as on the instructions issued.

2. They shall also provide interim reports at the request of the Cantonal Court or at their own discretion.

3. The Cantonal Court shall inform the head of the Land Registry about its jurisprudence in the area of professional supervision of the land registry offices.

1. The Deputy Registrar of Land Records represents the Registrar of Land Records.

2. He or she executes the tasks assigned to him or her by the Registrar of Land Records.

1. The Regulation for the Land Registry Inspectorate of the Canton of Lucerne dated September 22, 2005, is repealed.

1. The regulation shall enter into force on January 1, 2011. It shall be published.