CH-NE
2 Private Law - Civil Procedure - Enforcement - 21 Supplementary Provisions and Execution of the Civil Code - 215 Real Rights - TITLE ONE - CHAPTER ONE Organization and Supervision of the Land Registry [4]
Table of Provisions (115)
Statutory Text (115 Articles)
[5] 1 The territory of the canton of Neuchâtel constitutes a single land registry district.
2. The land registry is headquartered in Neuchâtel.
3. Repealed.
4. The land registry is managed by the administrative head of the land registry, assisted by the registrar of the land registry.
[6]
[7]
[8] 1 The Department of Territorial Development and the Environment [9] (hereinafter: the department) is the cantonal supervisory authority.
2. Repealed.
3. Repealed.
[10] 1. The land registry staff executes tasks related to land improvements as prescribed by the Law on Structural Improvements in Agriculture (LASA) of November 10, 1999 [11], and the Implementing Regulation of the Law on Structural Improvements in Agriculture (RELASA) of January 19, 2000 [12].
2. The land registry staff carries out the tasks assigned to them by the department.
[13]
[15] 1 The administrative officer of the land registry directs and coordinates the activities of the land registry, particularly the implementation of strategic projects, and the governance of the land registry information system.
2. The registrar of the land registry is responsible for maintaining and preserving the records intended for the registration of real property rights, as well as other operations assigned to them by law.
3. The administrative officer of the land registry, the registrar, and the clerks responsible for reviewing documents (deputy registrars) are authorized to sign all documents and decisions originating from the land registry.
4. The administrative officer of the land registry and the registrar determine, by directive, the signing powers of the land registry staff.
When an entry, correction, cancellation, extract from the land register, or written declaration is required outside of the conditions prescribed by the present regulation, the registrar shall refuse to carry out the requested operation.
[16] The registrar reports to the department any acts presented to the land registry office that appear to him to be incorrect or contrary to the law.
[17] The remuneration of the land registry personnel is determined by the legal and regulatory provisions applicable to the cantonal public service personnel.
2. The fees and charges owed to the State for land registry operations are subject to a special tariff.
[18]
[19] The cantonal surveyor shall ensure the proper preservation of the plans filed with the land registry.
[20]
[21]
[22]
The land register reflects the status of rights to real estate according to federal legislation.
[23] Until the renovation of the cadastral plans, the land register in the canton of Neuchâtel shall comprise for each municipality
1. the case book or main ledger;
2. the atlases of ordinary and supplementary plans, and the plans of division and modifications;
3. the cadastre register;
4. the journal;
5. the register of real estate liens;
6. the directories of the cadastre and real estate liens;
7. the file of supporting documents (authentic copies of acts, requests for extracts, requisitions, etc.).
1. The ledger or register, in which all the properties of the municipality to which it is assigned are registered, is intended for the registration and annotation of real rights on these properties (art. 958 to 961 of the Swiss Civil Code).
2. A section is opened for each property forming a cadastral item, following an uninterrupted series.
Each chapter of the property ledger or article of the land register comprises four sections: the first, titled "ownership," lists the volume and folio numbers of the cadastral register in which the property rights of the real estate are recorded; the second, titled "easements and real charges," lists the volume and folio numbers of the cadastral register in which the easements and real charges of the property are recorded; the third, titled "annotations," lists the annotations provided by Articles 959 to 961 of the Civil Code; the fourth, titled "real estate mortgages," lists the volume and folio numbers of the register of real estate mortgages in which the real estate mortgages encumbering the property are recorded.
Until the renovation of the cadastral plans, the land register in the Canton of Neuchâtel is thus composed of
on one hand, the ledger-book, the cadastral register, and the register of property liens, which together function as a ledger in the sense of Article 942 of the Swiss Civil Code;
on the other hand, the ancillary books, namely the journal, directories, and plans, as well as the annexes and supporting documents for all these records.
[24]
The registrar shall only record alterations in the land register after ensuring that the new areas are equivalent to the old areas and that the cadastral designations are perfectly accurate and conform to the legal status of the properties (both old and new).
[25]
When, following the modification of a building, a division plan or a modification plan is established, it remains filed at the land registry office.
[26]
[27] 1 The registrar may require the submission of a distribution plan defining the object of the exclusive rights of the unit owners if this measure seems justified by the circumstances, particularly if the constitutive or modificatory act is imprecise or if it involves a complicated case. The submission of the plan is mandatory if the registration of the condominium ownership is requested before the construction of the building.
2. The distribution plans are prepared by an architect registered in the Neuchâtel register of architects and engineers, and signed by all the owners. They include the plans, elevations, and sections necessary for the precise delimitation of the legal units, which are the object of the exclusive rights.
3. The plans are accompanied by a legend defining each unit and its annexes and indicating the names of the holders of the exclusive rights.
4. The distribution plans and their legends, the modification plans, the constitutive and modificatory acts, the administration and usage regulations are kept in special files.
5. The names of the holders of exclusive rights indicated in the legends are not kept up to date.
6. The architect who signed the plan is liable for all damages resulting from inaccuracies in this document.
7. The department issues, on the proposal of the cantonal surveyor, instructions regarding the technical standards applicable to the distribution plans. The cantonal surveyor checks if the plans comply with these standards.
The journal is intended to receive the requisitions for entry into the land register as they occur and consecutively, indicating their author and their subject (Art. 948, para. 1, of the Swiss Civil Code).
1. The cadastral register contains, in a chapter opened for each owner, all the properties that the owner possesses within the same territory.
2. All properties within the territory form a single series.
3. The following are indicated for each property
– the article number, in red ink;
– the plan's folio;
– the property number(s) on the plan (subdivisions);
– the local name;
– the nature of the estate, its area;
– the boundaries;
– the rights, easements, and land charges it enjoys or to which it is subject.
The cadastral register is intended for the registration of property rights, easements, and land charges, as well as annotations (Articles 644, 645, 696, 805, and 946 of the Civil Code).
1. The cadastre exists in four copies: the original and three duplicates.
2. The original and one copy remain at the office of the cantonal surveyor. The two other copies are deposited: one at the land registry office and the other at the municipal archives.
3. The copy of the cadastre deposited at the land registry office must be kept constantly up to date; the one at the municipality is updated annually.
[28] 1 The register of real estate pledges is intended to record the registration of pledge rights (mortgage, mortgage deed, and rent charge) encumbering real estate properties.
2. This register includes
1. In case of a real estate pledge contract, the authentic copy of the constitutive mortgage deed.
2. In case of a bearer mortgage deed or rent charge or created in the name of the owner, the owner's declaration, accompanied by a notary's requisition, on a special form.
3. In case of a legal mortgage (Article 837 of the Civil Code), a special form on which the registrar of the land registry records the name of the creditor, the debtor's name, the amount of the debt, the interest rate, and the designation of the encumbered properties.
4. [29] In case of splitting or novating a mortgage deed, a special form on which the registrar of the land registry records the type of operation, the name of the owner and the debtor, the name of the creditor or an indication that the title is bearer, the amount of the debt, the conditions, and the designation of the encumbered property.
All subsequent entries following the registration, notably those related to the total or partial release of the mortgage, modification of the real estate pledge, the amount or conditions of the debt, as well as the assignment and pledging of the title, are recorded in the register of real estate pledges, in the margin of the authenticated copies of the constitutive deeds of pledge rights or other forms.
[30] 1. An index is attached to the cadastral copy deposited in the municipal archives, containing, in alphabetical order, the names and first names of all property owners, with an indication of the volumes and folios in which their properties are recorded.
2. Additionally, there is a general index at the land registry office that includes, in a single volume, the names and first names of the property owners.
[31] An alphabetical index of the owners of the encumbered properties is attached to the register of real estate pledges.
[32] The Geomatics and Land Registry Service determines the method of filing requisitions and supporting documents.
[33]
As soon as the cadastral plans of a municipality have been renewed, the land registry form, as provided by Articles 942 and subsequent of the Civil Code, shall be introduced in that municipality, and all entries shall be made in accordance with federal regulations on the land registry.
[34]
Real properties that are not privately owned and those used for public purposes are only registered in the land registry when there are real rights to be recorded concerning them.
Real properties included in the inventories of the State and municipalities, such as temples, school buildings, cemeteries, etc., are considered private property and are registered in the land register.
1. **Until the introduction of the federal land register form, the registration of land parcels is conducted by means of:**
– their delineation on the map;
– the opening of a chapter for each land parcel in the card index;
– the opening of a chapter in the cadastral register in the owner’s name and the registration of the land parcel under that chapter.
2. **As the description of the land parcel already appears in the cadastral register, the descriptive statement required by the Federal Ordinance on the Land Register is not implemented in the canton.**
3. **The registration in the land register of distinct and permanent rights is carried out by means of:**
– the opening of a chapter for each distinct and permanent right in the card index;
– the opening of a chapter in the cadastral register in the owner’s name and the registration of the distinct and permanent right under that chapter.
4. **In addition, the provisions of Article 9 of the Federal Ordinance on the Land Register are applicable.**
5. **The registration of mines is effected in accordance with Article 10 of the Federal Ordinance on the Land Register.**
[35] 1 Unless it concerns a condominium property, the registration of co-ownership shares as real estate is optional. The property can be listed in the land registry in a section under the names of the owners, indicating their shares and the co-ownership ratio.
2. Until the introduction of the federal real estate registry form, the registration of co-ownership shares on real estate is done by means of
– opening a section in the folio for each co-ownership share, with the indication "co-ownership share on article ..... for ....." followed by the fraction corresponding to the share;
– opening a section in the land registry under the owner's name and entering into this section the co-ownership share established as real estate, under its special article number and with a descriptive statement of the share if the clarity and precision of the entries require it.
3. The property or distinct and permanent right to which the co-ownership shares relate is registered in the folio and the land registry, with the owner's name being replaced in the section title by the article numbers under which the co-ownership shares are registered, stating the fractions corresponding to these shares and indicating that it is a co-ownership.
[36] 1 The registration of co-ownership shares constituted as "condominium ownership" is mandatory, subject to the provisions regarding the registration of condominium properties governed by the former cantonal law.
2. Until the introduction of the federal land register form, this registration takes place by means of
– opening a chapter in the binder for each co-ownership share, with the indication "condominium ownership." "Co-ownership of article ..... for ....." followed by the fraction corresponding to the share;
– opening a chapter in the cadastral register under the owner's name and entering in this chapter the special article number corresponding to the co-ownership share, followed by the descriptive state of the floor.
3. The description states
– the fact that it is a condominium ownership;
– the co-ownership ratio, the article number of the property or the distinct and permanent right subject to co-ownership, and the fraction in percent or per mille expressing the ratio between the value of the share and the value of the entire building;
– the object of the exclusive right as per Article 712b of the civil code;
– the reference to the constitutive act and, if applicable, to the allocation plan of the premises.
4. The property or the distinct and permanent right subject to condominium ownership is registered in the binder and the cadastral register with the following particulars
A. The binder states under the heading "property," in addition to the reference to the volume and folio of the cadastral register where the description of the building is entered, the date of registration, the constitutive act (contract or declaration) with the addition PPE (condominium property) and the reference to the supporting documents.
B. In the cadastral register, the owner's name is replaced by the following statements
a) the article number of each floor;
b) the share (value) that each floor represents, expressed in percent or per mille;
c) the condominium property (PPE).
[37] 1 The legal document submitted for the registration of shares of ordinary co-ownership and shares of co-ownership established as condominium ownership must contain the article or sheet numbers assigned to the shares or floors by the cantonal surveyor.
2 If it is a will, these numbers must be included in a document signed by the interested parties.
[38] 1 Articles 33b and 33c of the Land Register Ordinance apply mutatis mutandis as long as the federal land register form has not been introduced.
2. The cantonal surveyor issues the official certification provided for by these provisions. The registrar requires this certification if he deems it necessary.
3. If the registrar conducts an on-site examination himself, he notes this fact in the special file of supporting documents.
[39] 1 Under Article 33c of the Ordinance on the Land Register, the registrar ensures that the completion of the building is communicated to him by the owners or their representative, along with the necessary documents.
2. For this purpose, he notifies the cantonal property insurance institution against fire in cases where he registered a floor ownership report prior to the construction of the building. Once the building is insured, the aforementioned institution informs the registrar.
3. If the building's completion has not been communicated to him in the manner provided for in Article 33c, paragraph 3, of the Ordinance on the Land Register, the registrar summons the co-owners to do so within a period of at least thirty days. The registrar may extend the deadline for good cause. If there is an administrator of the community, the summons can be validly notified to him in accordance with Article 712t of the Civil Code. The administrator is authorized to sign the communication on behalf of the co-owners. The plan must be signed by him and by all the co-owners whose premises have undergone changes compared to the previously filed partition plan.
4. If the administrator or the co-owners fail to comply with the summons, the registrar requests judicial authorization to cancel the registration of the floor ownership by converting it into an ordinary co-ownership.
5. Article 134a is applicable.
6. Civil law disputes arising from the transformation of floor ownership into simple co-ownership are resolved according to the usual rules of jurisdiction and procedure.
[40] 1 When the registrar discovers that exclusive rights pertain to objects that are neither apartments nor commercial or other premises forming a whole and having their own access, they inform the administrator of the community or, failing that, the co-owners of the building, and summon them to correct the registration within a period of at least thirty days.
2. Failing this, they initiate the procedure provided for in Article 88e, paragraphs 4 and 5.
3. The judge may grant the interested parties a period for the transformation of the premises when this measure allows them to be rendered eligible for an exclusive right. The registrations are then maintained provisionally. In the event of non-execution of the work, the registrar may request an order from the judge authorizing them to modify the registrations.
4. The condominium properties established under the former cantonal law remain in the benefit of the acquired situation.
1 Upon the introduction of the federal land register form, the registration of real estate will take place in accordance with the provisions of the Federal Ordinance on the Land Register.
2. No special descriptive statement forms will be introduced; the information from those forms will be recorded in the main ledger.
The provisions of the law, by virtue and in accordance with which the registration or the annotation in the land register takes place, are contained in the civil code.
1. Subject to the exceptions provided by the Civil Code and the Federal Ordinance on the Land Register, the land register conservator may only make entries upon request.
2. The request for the registration of bearer mortgage bonds or annuity letters, or those created in the name of the owner themselves, must be made by a notary public (Art. 20, para. 2, of the Federal Ordinance on the Land Register).
Federal Ordinance on the Land Register determines the conditions of registration.
The registrar must obtain the civil status documents of new property or real estate rights owners when the request is not based on an authentic deed.
[41] The Justifications Required for Registering Property Are
1. In the case of an agreement, an authentic copy of the document that evidences it (Civil Code, Art. 657).
2. In the case of succession (Civil Code, Art. 560 and 656, para. 2)
a) When registration is requested by the legal or designated heirs, a certificate of inheritance issued by a notary;
b) When registration is requested by a legatee, a copy of the disposition mortis causa as defined in Article 558 of the Civil Code.
3. In the case of estate distribution, a written declaration evidencing the unanimous consent of the heirs or a distribution deed prepared in authentic form.
4. In the case of forced execution, a certificate from the debt enforcement office or bankruptcy administration evidencing the adjudication as well as the authorization given to the registrar to proceed with the registration.
5. In case of a judgment, the judgment itself, a certificate from the court registry proving that it is final, and the authorization given to the registrar to proceed with the registration.
6. In the case of a state concession, the concession document.
7. In the case of expropriation, the title provided by the applicable legislation, or in case of doubt, a certificate evidencing the payment, deposit, or guarantee of the indemnity.
[42]
1. The justifications required for the registration of easements, land charges, usufruct, and a right of use and habitation are the same as those listed in the previous article.
2. However, for the contract constituting a land easement or one of the easements provided for in Article 781 of the Civil Code, a written document signed by all parties and the owner's declaration confirming that they are requesting the registration is sufficient (Civil Code, art. 732, 746, para. 2, 781, para. 3, 783, para. 3).
3. Nonetheless, if the easement removes or modifies a legal restriction on the property, the contract must be drawn up in authentic form.
**1 The Requirements to Provide for the Establishment of a Real Estate Pledge are:**
a) In the case of an agreement, an authentic copy of the document that records it (Civil Code, Art. 799);
b) In the case of a declaration by the property owner of the pledged real estate (mortgage bond or annuity letter to the bearer or created in the name of the owner himself, Civil Code, Art. 859), the written act of this declaration, signed by the owner, as well as a requisition signed by a notary (Art. 91 of the present regulation);
c) In the case of legal mortgages (Civil Code, Art. 837)
1. By the seller, the authentic act of sale.
2. By the co-heir or undivided co-owner, the act of partition or a declaration by the interested parties establishing the claims resulting from the partition.
3. By a craftsman or contractor, acknowledgment by the owner, or, failing that, by the judge, of the amount of the claim guaranteed by the pledge or an authorization for registration by the owner.
**2 The Registration of a Mortgage in Favor of Craftsmen and Contractors Must be Denied if the Owner Provides Sufficient Securities.** The documents to be provided must state the amount for which the registration is requested and be dated within the last three months (Civil Code, Art. 838 and 839).
[43] 1. Every application for registration must be made in writing.
2. The application for registration related to an authentic act is made on a form taken from the register of applications, unless it is an application for the registration of a mortgage bond or an annuity letter to bearer or in the name of the owner. In this case, the application may be noted at the foot of the declaration.
3. If the owner's declaration concerning the constitution of a mortgage bond or an annuity letter to bearer or in the name of the owner is made under private signature, the signature must be notarized, and the application for registration must be the subject of a separate authentic act noted at the foot of the declaration.
[44] The application for registration is addressed to the land registry conservator.
[45] 1 The notary who stipulated the deed shall request registration in the land register within ten days from the day when the conditions of the deed permit it.
2. Upon a justified request, the department may exceptionally grant an extension of this period.
[46] 1 The application for registration must be accompanied by the necessary certificates and supporting documents.
2. The certificate intended for the land register is retained there. The other certificates are returned to the notary, after being furnished with a certificate of registration.
3. The provisions of Article 115 concerning the mortgage bond or annuity letter resulting from a contract remain reserved.
[47] 1 The notary shall obtain, as supporting documentation, an extract from the land register for any authentic act that requires registration in this register. Certificates of inheritance and acts of cancellation are excepted.
2. An extract shall also be obtained to request the registration of a bearer mortgage certificate or one in the name of the owner based on a private deed declaration made by the owner.
3. The same extract may serve as supporting documentation for several acts executed by the same notary on the same day or filed simultaneously in the land register, taking into account the modifications resulting from these acts.
4. When an act involves the creation of new properties, in accordance with a consolidation or subdivision plan, it may serve as the basis for the preparation of other acts concerning these properties before their registration.
[48] 1 The authentic deed designates all real estate properties that it pertains to by a full transcription of the extract from the land register related to it and, if applicable, the key sheets accompanying a mutation plan.
2. It also contains the summary table of easements, modified or not.
[49] The authentic instrument concerning a real estate property shall mention the title of ownership of the current owner of said property, as it appears from the extract of the land register pertaining thereto.
[50] 1. The request for the registration of private deeds is the responsibility of the interested parties.
2. It must be accompanied by an extract from the land registry. Exemptions from this requirement include requests
a) involving the registration of annotations regarding personal rights or public or private law mentions;
b) occurring within the scope of a land reorganization or the introduction of the federal land register.
3. The provisions of articles 965 and 966 of the Civil Code regarding the applicant's legitimation are also reserved.
[51] Mutation Plans (division, suppression, amalgamation, etc.), mutation tables (balances), and legend sheets prepared by the cadastral measurement service, as well as easement transfer tables, which are deposited with the land registry for registration, must be signed by all concerned property owners and, if they accompany an authentic deed, by the notary.
[52] 1 The authentic act that includes a mutation plan must necessarily contain
a) the complete description resulting from the land registry extracts of all the properties concerned by the mutation plan;
b) the complete description of all new properties resulting from the mutation plan, supplemented if necessary by the content of the land registry extracts.
2. Provisions regarding the simplified form are reserved (Art. 56 to 59 of the implementing regulations of the Notary Act).
1. As soon as they have reached the land registry office, the requisitions must be stamped with a notation confirming their receipt, then recorded in the journal under a serial number, starting anew with each calendar year.
2. The entry must indicate the exact time the requisition was presented, the name and domicile of the applicant, the content and date of the requisition; a certificate of this must be provided to the applicant upon request.
1. The registrar must proceed as soon as possible, after the request has been made to him, with the registration in the ledger, based on the authentic copies of the documents and other supporting evidence produced and recorded in the journal.
2. Until the introduction of the federal land register form, the registrar shall confine himself to recording in the ledger, in the designated columns, the indication of the volume and folio of the cadastral register where he will enter, in the section opened for the entitled party, on the one hand, the transfer of ownership, and on the other hand, the establishment of servitudes and land charges. In the case of a real estate pledge, he will similarly indicate in the ledger the volume and folio of the real estate pledges register where he will make the entry.
3. He shall then proceed, based on the indications from the journal of authentic copies of documents and other supporting evidence, to the registration of real property rights in the registers of the cadastre and real estate pledges.
4. If requested to proceed with the registration of annotations, he will enter them directly into the ledger, in the columns designated to receive them.
**1. In the event of a transfer, the registrar enters it in the land registry as follows:**
The alienated article is crossed out in red ink in the old record, with the mention
"Article... owned by N. N... by deed dated... received... recorded in volume... folio..."
**2. Then the alienated article is transcribed into the new owner's chapter, if they already have one in the land registry; otherwise, a new one is opened for them.**
**1. When a cadastral article is divided, or when several articles are merged into one, the registrar shall register the new articles upon the production of a plan signed by the cantonal surveyor or their deputy, indicating the area and content of the old and new parcels, the new boundaries, and cadastral designations.**
**2. Furthermore, the provisions of Article 123 are applicable.**
When a subdivision has been divided on the plan due to the different nature of its parts, each of these parts is designated in the cadastre immediately after the mention of the boundaries of the property and before the registration of easements and other rights. The area of each subdivision is recorded in the surface columns.
**1. The Registrar of the Land Register records easements and land charges, as well as the annotations (Civil Code, art. 644, 645, 805, 946) requested for registration in the cadastral register, following the designation of the property.**
**2. The Registrar maintains a register using authentic copies of the acts of establishment of mortgage securities and other documents mentioned in Article 48, paragraph 2, numbers 2 and 3, of this regulation, which are requested for registration.**
All costs required for the entries in the land register, the cadastral registers, and the real estate mortgage registers shall be borne by the interested parties.
1. The Effects of Registration Are Governed by Articles 937 and 971 to 975 Inclusive of the Civil Code.
2. Until the Introduction of the Federal Land Registry Form, Any Transaction, in Order to Produce the Legal Effects Attributed by the Civil Code to Registration in the Land Registry, Must Be Entered in the Ledger and in the Land or Real Estate Mortgage Register.
1. The provisions of Articles 25 to 52 of the Federal Ordinance on the Land Register, concerning entries in the land register, shall be applicable; however, the regulations relating to the method of entry in the register of ownership rights, servitudes and land charges, and real estate mortgage rights shall only come into force upon the renovation of the plans and the introduction of the federal land register form.
2. Until such time, all the entries provided for in Articles 31 to 39 of the Federal Ordinance on the Land Register shall be recorded in the cadastral book; those specified in Articles 40 to 52 shall be recorded in the real estate mortgage register.
**1. Annotations are made in compliance with the provisions of the Federal Ordinance on the Land Register.**
2. Until the introduction of the federal land register form, annotations are entered in the ledger in the column reserved for them.
1. The entries are made in accordance with the provisions of the federal ordinance on the land registry.
2. When a contract or a judgment reserves contingent rights to compensation for a property in case of subsequent depreciation, this reservation is recorded as an entry in the land registry.
3. Restrictions on property based on the provisions of the historical monuments law are likewise recorded as an entry in the land registry.
4. Until the introduction of the federal land registry form, entries are recorded in the cadastral register, following the designation of the property.
5. However, the date of commencement of works, as provided in Article 841, paragraph 3, of the Civil Code, is not recorded in the cadastral register but mentioned in the property register, in the column for real estate liens.
[53] The name and address of the administrator of a condominium owners' association (Art. 712m, Sec. 2, CC) are recorded in the building's special file (Art. 43a, Para. 4) when the entitled party requests it and justifies their right.
[54] 1 When a part of a construction encroaches on the neighboring land, and this is recorded by the official survey, the cadastral survey service requires a notation of it.
2. In the event of subsequent modifications to the boundaries or to the construction encroaching on the neighboring land, the notation is automatically removed.
Provisions relating to the issuance of mortgage bonds, annuity bonds, and mortgage securities are covered in Articles 53 to 60 of the Federal Ordinance on the Land Register.
[55] 1 If the mortgage note or rent letter results from a contract, it shall be processed in accordance with Articles 97 and following of this regulation.
2. The authentic copy of the deed is incorporated into the register of real estate pledges; then the registrar draws up the title in accordance with Articles 856 and 857 of the Civil Code and certifies, at the bottom of the copy, the date on which the title was delivered to the interested party.
[56] If the mortgage bond or annuity note is issued to the bearer or in the name of the owner themselves, that is, without a contract, the registrar, upon a declaration from the owner accompanied by a notary's requisition, which he records in the journal, prepares the title, signs it with the judge of the Civil Court and the debtor. Then he records the transaction in the ledger book and deposits the owner's declaration and the notary's requisition in the register of real estate liens, certifying at the bottom the date on which the title was delivered to the interested party.
Amendments and deletions, as well as the cancellation of titles, are carried out in accordance with the provisions of the Federal Ordinance on the Land Register.
When a prior lien is extinguished without being immediately replaced by another lien for the original total amount and without subsequent creditors benefiting from the freed-up rank, the registrar must, after proceeding with the cancellation, enter in the registry, in red ink, above the former entry, the notation "vacant slot."
When the creditor has reserved the right to take advantage of available slots and the preceding claim(s) have been repaid and discharged, the registrar shall note in red ink, in the ledger and in the register of real estate pledges, the indication of the new rank, replacing the former rank.
1. Cancellations, once entered in the journal, are made in red ink in the other registers, following the prescribed forms for entries.
2. The partial cancellation of real estate liens is not recorded in the ledger, but only in the register of real estate liens, in the margin of the authentic copy of the deed.
1. In the event of the transfer of real estate, the land register entry is automatically canceled by the registrar under the previous owner's section and then entered under the purchaser's section.
2. In the case provided for in Article 143 of the Federal Law on Debt Enforcement, the property is deleted from the section of the successful bidder and reintegrated into the previous section, all based on the declaration of the enforcement official.
3. The cancellation from the folio and the land registry of buildings entirely destroyed by fire or demolished is carried out automatically by the registrar upon presentation of a declaration from the fire insurance chamber.
The provisions of Articles 83 and 84 of the Federal Ordinance on the Land Register shall apply as soon as the federal form of this register has been introduced.
**1. In the event of the division of a property, the entry under which it is listed in the property register and cadastral record is removed and replaced with new entries. These new entries are numbered sequentially, indicating the number of the original entry from which they originate.**
**2. In the event of the consolidation of several properties, the old entries are removed to form a single new entry, indicating the numbers of the original entries from which it is formed.**
**1. Registrations of land easements established against or in favor of the divided property must, in principle, be transferred to all the new entries.**
**2. If circumstances indicate that the easement is only owed by one of the parcels or only burdens one of them, the land registry conservator, while proceeding with the registration of the easement on all entries, must inform the owners who have the right to request the removal of said easement pursuant to Articles 743 or 744 of the Civil Code.**
**3. If the conservator believes that an easement should no longer burden one of the parcels or should no longer exist for its benefit, he may make pencil entries in the cadastre register on the new entries until the opposition period expires, and erase these entries as soon as the extinction of the easement or right becomes final, noting this extinction in the former entry.**
1. The lien rights encumbering the divided article are transferred to the real estate lien registry on all new items. If these new items belong to multiple different owners who are not jointly liable, the debt is allocated according to the agreement made between the interested parties or, in the absence of such an agreement, by the registrar, proportionally to the estimated value of the various items.
2. The registrar is obliged to immediately communicate this allocation to the creditors, drawing their attention to the rights granted to them by Article 833 of the Civil Code.
3. This allocation must be recorded on the titles.
1. In the event of the division of a property encumbered by a real estate charge, the value of the charge and the divisible services are equally distributed according to the provisions of Article 125.
2. If the service is not divisible, the charge burdens the item with the highest estimated value or the one which seems most appropriate.
3. The registrar must immediately communicate this distribution to the creditors, alerting them to the rights conferred upon them by Article 787 of the Civil Code.
1. Annotations must be applied to all articles; where necessary, cross-references are established between these annotations.
2. The notes are applied according to their content to the articles to which they relate.
**1. The merging, into a single article under a new number, of several articles belonging to the same owner can only be recorded in the ledger and the land registry when there are no mortgages or land charges to transfer from the old articles to the new article, or when the creditors consent to this merging.**
**2. If the properties are burdened with easements, they can only be merged if the right holders consent or if their rights are not prejudiced due to the nature of the encumbrance.**
**3. When there are registered land easements in favor of the properties, the merging can only occur if the owners of the servient tenements consent or if it does not result in any enhancement of the burden.**
1. If the consolidation can occur, the transfer of registrations is carried out according to the agreement made between the interested parties, by encumbering the entirety of the new building with the charges related to each particular building.
2. The servitudes existing as a burden on one of the buildings and in favor of the other are automatically discharged upon the consolidation of these buildings.
When the entries occupy all the available space on the folio of the register-book, the registrar continues the entries on a new folio.
When a folio of the land register, the cadastre register, or the register of real estate liens has become obsolete due to sale, division, repayment of the debt, or any other reason, it is crossed out diagonally in red ink, with an indication of the cause, the date, and the necessary references.
The provisions of the federal ordinance on the land register, relating to the division and merging of properties, as well as to the carry-over of entries not mentioned in this title, shall only be applicable after the adoption of new plans and the federal land register form.
Corrections are made in accordance with the provisions of the Federal Ordinance on the Land Register.
[57]
[58] 1 The competent judge within the meaning of Articles 976, paragraphs 2 and 3, and 977, paragraph 1, of the Swiss Civil Code, and 98, paragraph 4, of the Federal Ordinance on the Land Register, is the judge of the Civil Court.
2. The procedure is governed by the Code of Civil Procedure (CPC) of December 19, 2008.
3. Repealed
[59] 1 The decisions of the land registry conservator may be appealed to the department, and those of the department to the Cantonal Tribunal, pursuant to Articles 956a and 956b of the Swiss Civil Code.
2. For all other matters, the Administrative Procedure Act (APA) of March 18, 2025 [60], is applicable.
[61] 1 The land register is public.
2. Any person who demonstrates having an interest may consult, at the office of the registrar, the plans and the land register in the presence of an office official, and may obtain certified extracts of the land registry, mortgages, and supporting documents, certified by the registrar.
3. When requested, the registrar must also issue certificates certifying that a specific entry is not recorded in the register.
4. Extracts concerning co-ownership shares or floors or distinct and permanent rights also indicate, when separate chapters have been opened in the index book, the preferable rights and burdens registered in the chapter of the common or encumbered property.
5. If a warning or rectification procedure is in progress at the time the extract is issued, it mentions the fact (art. 88e, para. 3 to 5, 88f, 134a).
6. If the applicant is not personally known to the registrar, the registrar only issues the extract after verifying the applicant's identity.
7. The fees due for the issuance of extracts and certificates are set by a decree of the Council of State and submitted for approval by the Federal Council.
1 Extracts from the land register, property liens, and supporting documents are issued using official forms approved by the Council of State. They are dated and signed by the registrar.
2. These forms must also be used for notices addressed to the interested parties and official communications to other land registry offices and to administrative and judicial authorities.
3. The registrar must not relinquish control over the index book, nor over the land register, property liens, and supporting documents.
4. However, the submission of supporting documents to judicial authorities is permissible, albeit against a receipt and subject to the deposit of a certified copy in the records.
Until the introduction of the federal land register form, the books and registers constituting the land register shall continue, subject to the modifications provided for in this regulation, to be maintained as they are today.
1 The land registry conservator must also maintain the following supplementary registers
– a correspondence register.
2. Until the introduction of the federal land registry form, the register of real estate liens serves as the creditor register provided for in the federal ordinance.
3. In the cases provided for in Article 66 of the said ordinance, the names of the creditors are to be entered in the margin of the authenticated copy of the deed in the register of real estate liens.
The provisions relating to the maintenance of the register of owners and the preservation of various registers and documents serving as the basis for registrations are contained in the Federal Ordinance on the Land Register.
[62]
This regulation shall come into force on January 1, 1912. From that date, the establishment of real rights shall only occur through the registration of these rights in the cadastral register and in the registers of the land and mortgage records.
[63] Until the new measurement of the Neuchâtel land, the land register is constituted as stated in Article 28.
Entries made in the land register, cadastre registers, and real estate pledge registers produce the effects attributed by the civil code to registration in the land registry.
Precarious Acknowledgments (Reversals) shall no longer be registered in the land register starting from January 1, 1912. All mentions of reversals entered in the cadastral register will be officially canceled as of January 1, 1917.
1. Rights of way for foot and cart passage, canals, and water conduits, which until now were only represented on the plan by dotted lines, shall be automatically registered in the land registry for both the dominant and servient estates before January 1, 1912, under the responsibility of the cantonal surveyor and in the following summary form
"passage," "canal," "water conduit" according to the cadastral plan.
2. From January 1, 1912, these servitudes shall be recorded in the property register and the land registry at the time of their establishment and shall also be represented on the plan.
[64] Conversion of Floor Ownership Registrations Subject to Former Cantonal Law
The conversion of floor ownership registrations subject to former cantonal law is only mandatory upon the introduction of the federal land register form. However, any co-owner may request it at any time. The conversion takes place in accordance with the regulations concerning the introduction of the federal land register.
[65] 1 Supplemental registrations of condominium ownership made in one of the forms accepted by the Swiss Civil Code prior to its revision (for example, co-ownership with associated transferable personal servitudes) can be converted at any time into a condominium ownership under the Swiss Civil Code by a unanimous agreement of the entitled parties made in an authentic form.
2. The conversion of a registration made before the entry into force of the federal law of December 19, 1963, amending the fourth book of the Civil Code is exempt from the payment of land register fees, transfer taxes, and proportional stamp duty. This provision does not apply to joint-stock companies of shareholder-tenants.
Regulation sanctioned by the Federal Council on October 24, 1911.