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214.1 GBGLLFLRF CH-NW

Act on the Land Register (Land Register Act, GBG) (Grundbuchgesetz, GBG) - Land Register District (GBG)

32 Articles / Provisions · Switzerland · Canton of Nidwalden
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Table of Provisions (32)

Art. 1 Land Register Act, LRA - Land Register District Art. 2 Land Registration Act, LRA - Establishment of the Land Register Art. 3 Land Register Act, LRA - Land Register Administrator Art. 5 Land Register Act, LRA - 3. Remuneration Art. 6 Land Register Act, LRA Art. 7 Land Register Act, LRA - Supervisory Authority Art. 9 Land Register Act, LRA - Registrations by Notaries Art. 9a Land Register Act, LRA - Electronic Extracts, Electronic Transactions Art. 9b Land Register Act, LRA Art. 9c Land Register Act, LRA Art. 10 Land Register Act, LRA - Securing of Land Register Fees and Expenses Art. 11 Land Register Act, LRA - Cantonal Land Register Art. 12 Land Register Act, LRA - Purpose Art. 13 Land Register Act, LRA - Bodies Art. 14 Land Register Act, LRA - 1. Clearing Officials Art. 15 Act on Land Registration, ALR - 2. Rectification Committee Art. 16 Land Register Act, LRA - b) Decision Art. 16a Land Register Act, LRA - 3. Administrative Court Art. 17 Land Register Act, LRA - Municipal Consolidation Art. 18 Land Registry Act, LRA - Call for Registration Art. 19 Land Registry Act, LRA - Public Properties Art. 20 Land Register Act, LRA - Public Law Property Restrictions Art. 21 Land Register Act, LRA - Adaptation of Old Rights to the Land Register Law Art. 22 Land Register Act, LRA - Consolidation of Liens Art. 23 Land Register Act, LRA - Substitute Title Art. 24 Land Register Act, LRA - Implementation of the Land Register Art. 25 Land Register Act, LRA - Consequences of Non-Registration Art. 26 Land Register Act, LRA - Cost Allocation Art. 26a Land Register Act, LRA - General Provisions Art. 27 Land Register Act, LRA - Execution Art. 28 Land Register Act, LRA - Repeal of Existing Provisions Art. 29 Land Register Act, LRA – Entry into Force

Statutory Text (32 Articles)

Article: Organization

1. The Canton of Nidwalden constitutes a single land registry district.

Article: Organization

1. The land registers are established and maintained according to political municipalities.

Article: Organization

1. The maintenance of the land register is the responsibility of the land registrar or their deputy.

Article: Organization

1. The land register administrator and their deputy receive the remuneration established by the salary legislation.

2. ...

Article: Organization

1. The land register administrator and their deputy are prohibited from engaging in private ancillary businesses that are incompatible with their official position, particularly trading in real estate, mortgage deeds, claims, and securities, as well as mediating the purchase and sale of properties.

Article: Organization

1. The supervision over the entire area of the land register system is conducted by the Government Council.

2. It issues the instructions and regulations necessary for the implementation of federal and cantonal legal provisions.

3. The Government Council may delegate the direct supervision of the establishment and maintenance of the land register to a land register inspector, who is to be selected as a part-time official.

Article: Organization

1. The notaries shall, ex officio, immediately submit the contracts and documents they have notarized to the land registrar for registration in the land register, unless otherwise agreed.

Article: Organization

1. The Land Register Office offers electronic extracts. The Government Council issues the necessary regulations.

Article: Organization

1. The land registry office publishes the acquisition of ownership of real property in the official gazette at least twice a month.

2. The following are not published

1. Acquisition through inheritance (Art. 970a Para. 1 ZGB);

2. Acquisition of ownership of undeveloped non-agricultural real estate or parts thereof, with an area of less than 200 m²;

3. Acquisition of ownership of agricultural real estate or parts thereof with an area of less than 2,500 m².

Article: Organization

1. The canton charges fees for land registry transactions, subject to paragraphs 2 and 3.

2. Registrations and deletions made ex officio are exempt from fees.

3. Fees for land registry transactions conducted in the interest of subsequent land registry rectification are reduced by half.

Article: Organization

1. The Land Registry Office is entitled to demand payment or security for the land registry fees and expenses before registration.

2. The parties are jointly liable for the land registry fees and expenses.

The Administration of the Old Legal Land Registers

1. Until the introduction of the federal land register, the effect of the land register as referred to in Art. 48 of the final title of the Civil Code with respect to the establishment, modification, or deletion of real rights in land shall relate to the entry in the pre-existing land register.

2. The provisions of the federal land register ordinance, particularly the regulations regarding the journal, shall apply mutatis mutandis.

Introduction of the Federal Land Register

1. The establishment of the federal land register shall be preceded by a determination of the real rights for all properties.

2. For this purpose, the previously maintained cantonal land registers shall undergo a thorough rectification, relieving them of outdated and superfluous entries.

Introduction of the Federal Land Register

1. The government council elects a reconciliation commission consisting of three members and two substitute members for the constitutional term of office.

2. The government council elects one or more reconciliation officers; Article 6 applies accordingly.

Introduction of the Federal Land Register

1. The rectification officer shall conduct the rectification procedure in accordance with the relevant laws and regulations, as well as the directives and instructions of the supervisory authorities.

2. To this end, he may enlist the assistance of the land registry surveyor and the land registry administrator.

3. An appeal against the decision of the rectification officer may be filed within ten days.

Introduction of the Federal Land Register

1. The Adjustment Commission addresses appeals lodged against the decisions of the Adjustment Officer.

2. It also decides on the existence, scope, and content of real rights, insofar as no agreement could be reached in the proceedings before the Adjustment Officer.

Introduction of the Federal Land Register

1. In the proceedings pursuant to Article 15, paragraph 2, the Conciliation Committee must first seek an amicable settlement among the parties.

2. If this is not possible, it must render a decision on the subject matter of the dispute and notify the parties in writing, indicating that the decision will be final if no legal action is taken before the civil court within 30 days; a hearing before the conciliation authority is not required.

3. The proceedings before the Conciliation Committee are informal; the committee does not charge any fees for its decisions.

Introduction of the Federal Land Register

1. Appeals against decisions of the Conciliation Commission pursuant to Article 15 paragraph 1 may be lodged with the Administrative Court.

2. The procedure is governed by the Administrative Justice Act.

Introduction of the Federal Land Register

1. The rectification of entries in the cantonal land register is conducted according to political municipalities.

2. The government council determines the municipalities to be included in the procedure.

Introduction of the Federal Land Register

1. Prior to commencing the regularization proceedings, the regularization officer must issue a public announcement in the official gazette for the municipality involved in the regularization process. This announcement must call upon claimants of real rights in properties to register these rights with the regularization office within a period of two months, provided they are not recorded in the cantonal land register.

Introduction of the Federal Land Register

1. Parcels of land not in private ownership and those designated for public use (Art. 664 Swiss Civil Code) must be recorded in the land register (Art. 944 Swiss Civil Code).

Introduction of the Federal Land Register

1. Public-law restrictions on ownership for an individual private property, imposed by administrative order or administrative contract in accordance with Article 129 of the Land Register Ordinance (LRO), must be noted in the land register. The costs shall be borne by the initiator of the administrative procedure.

2. Other public-law restrictions on ownership that are ordered or agreed upon exist without entry in the land register but must be noted in the land register upon request by the competent authority. The costs shall be borne by the respective public entity.

3. The Directorate shall compile a list of all circumstances requiring notation and communicate it to the Confederation.

Introduction of the Federal Land Register

1. Real rights established under cantonal law, which can no longer be established under the Swiss Civil Code (ZGB), must be converted into a form that can be registered.

2. If this is not possible, they must be noted in the land register or compensated.

3. Old burdens, such as tithes and ground rents, must be compensated in the consolidation process, unless they can be converted into land charges according to Article 782 of the Swiss Civil Code (ZGB).

Introduction of the Federal Land Register

1. The so-called convergent capitals are to be eliminated in the adjustment procedure.

2. All pledges of the old law still in force at the time of the adjustment are to be converted into real estate liens under the Civil Code.

3. The adjustment officer is authorized to order a reissuance of existing pledges under the Civil Code if the titles no longer match the registry entries and a correction of the titles themselves is not appropriate.

4. The titleholders are obligated to provide the adjustment officer with the requested pledges and documents against receipt.

Introduction of the Federal Land Register

1. The nominal value of the substitute titles shall be divisible by 500 and amount to at least CHF 1,000.

2. The cashed old-law mortgage deeds shall be made available to the property owner upon request.

Introduction of the Federal Land Register

1. The government council shall determine the effective date for the respective municipality following the completion of the rectification procedure and the establishment of the land register; this decision must be publicly announced.

2. If circumstances justify it, the land register may also be put into effect for individual parts of the municipality.

Introduction of the Federal Land Register

1. After a period of two years from the enactment of the land register for a political municipality (in the case of territorial introduction, from the enactment of the land register for the remaining municipal area), all real rights that have not yet been registered but are subject to registration shall expire, unless they are submitted for registration to the land registry office within this period, subject to Article 44 Paragraph 1 of the Final Title of the Swiss Civil Code.

2. In his announcement, the Government Council shall specify the date from which this forfeiture period begins to run and shall warn of the consequences of non-compliance.

Introduction of the Federal Land Register

1. The costs of the rectification procedure and the establishment of the federal land register are primarily borne by the canton.

2. Upon completion of the work, the landowners are required to pay a contribution of 1‰ of the pledge sum of the pre-existing pledged titles, but at least CHF 30 per property.

3. The political municipalities must provide the rectification officer with the premises required for negotiations with the owners free of charge.

Public Clarification Procedure

1. The Government Council is responsible for ordering the rectification according to Art. 976c of the Civil Code. The conditions shall be governed by federal law.

2. The Government Council shall regulate the details and the procedure in an ordinance.

Final Provisions

1. The Executive Council shall issue the provisions necessary for the implementation of this law, particularly the fee schedule.

Final Provisions

1. All provisions contradicting this law are repealed, in particular the Law concerning Land Charge Settlement and Establishment of a Land Register of April 27, 1884, the Implementing Ordinance to the Law concerning the Establishment of a Land Register and the Land Charge Settlement of November 22, 1884, the Resolution of the Government Council concerning the Land Charge and Insurance Form of February 11, 1891, and the provisions of § 158 to § 166, § 171 to § 173 of the Introductory Act to the Civil Code of April 30, 1911.

2. After the introduction of the federal land register throughout the entire canton, the Mortgage Law of April 29, 1900, and § 150 para. 1 of the Introductory Act to the Civil Code of April 30, 1911, shall be rendered invalid.

Final Provisions

**1. This Act shall enter into force immediately upon approval by the Federal Council.**

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