Implementing Ordinance to the Land Register Act (Cantonal Land Register Ordinance, kGBV) - Organization

1. The clearing officer appointed by the government council is entrusted with the implementation of the procedure for the rectification of real rights as well as the establishment of the federal land register.

1. The Justice Directorate exercises direct supervision over the Adjustments Officer.

2. It informs the Federal Land Registry Office of the commencement of adjustment works in each municipality.

1. The Rectification Officer shall, at the commencement of the rectification work, prepare a rectification dossier for each property (economic unit) to be entered into the land register, based on the surveying records and the historical land registry sheets provided by the land registry administrator. This dossier shall include not only the owner's details and a description of the property but also all previous entries; in straightforward cases, reference may be made to the entries in the cantonal land register.

2. The rectification dossiers shall also record the statements of the parties and determine the final status of the legal relationships to be entered into the land register.

3. The rectification dossiers are to be numbered consecutively. They may be maintained using electronic data processing.

1. The notice to be issued by the Clearing Officer pursuant to Article 18 of the Land Registry Act must include a warning that rights not registered or entered in the cantonal land register will not be recorded in the land register and will thereby be permanently extinguished.

2. The public notice is to be repeated in the official gazette after one month.

3. A copy must also be distributed to the political municipalities, the school and church municipalities, the corporations, the Government Council, the Federal Office for Buildings, the Federal Department of the Military, the district directorate of the Swiss Federal Railways, and the directorates of the private railways.

1. The application must contain the following information

1. an exact designation and description of the asserted right;

2. the designation of the acquisition title upon which the individual claim is based, or the indication of when the exercise of the right began;

3. the designation of the encumbered property;

4. the designation of the entitled property or the entitled person (in the case of personal servitudes).

2. The received applications must be entered into the compilation register.

1. The Reconciliation Officer shall examine the existing entries in the cantonal land register and the submitted applications based on the following criteria

1. Identification of redundant and evidently insignificant entries;

2. Exclusion of rights that are not eligible for entry or notation;

3. Exclusion of statutory property restrictions that do not require entry;

4. Referral of legal relationships that are not eligible for entry but are eligible for notation under the notations;

5. Determination of the total value of encumbrances (Art. 783 Swiss Civil Code).

1. In the rectification procedure, all entries in the cantonal land register that have become superfluous or have lost any legal significance shall be deleted.

2. The rectification officer is responsible for obtaining the deletion authorization in accordance with Art. 964 of the Swiss Civil Code (ZGB); if necessary, a procedure pursuant to Art. 976-976b ZGB is to be initiated.

1. The individual landowners and other parties involved in the relevant legal relationship are to be examined by the adjustment officer concerning the facts mentioned in Section 6 and the following sections.

2. Additionally, the following must be clarified

1. The nature of joint ownership and the proportionate relationships in co-ownership, as well as the fundamental relationship in collective ownership;

2. The parties' positions on the rights registered so far; an unambiguous formulation is to be agreed upon for entries that are unclear;

3. The incomplete entry for the purpose of completion; servitudes and charges that have so far been unilaterally registered as rights must be recognized by the burdened party, and the necessary counter-entries must be made;

4. The position of the burdened party regarding claims that have been registered but not yet entered, and discrepancies between previous entries and registrations.

3. The parties involved are obliged to appear for negotiations on these matters upon invitation by the adjustment officer and to participate in the adjustment procedure; in the event of refusal, an order to that effect is to be issued.

1. The acknowledgment of the registered rights, the consent to the amendment, supplementation, rewording, or deletion of existing entries shall be recorded in the adjustment register and signed by the authorized parties.

1. At the instigation of the conciliation officer, the parties are required to ensure compliance with the legal formalities for notarization for any real property relationships established before the conciliation (e.g., life rents) or modification of statutory property restrictions (Art. 680 para. 2 of the Swiss Civil Code).

1. If the rectification officer does not consider a legal relationship registered in the cantonal land register or reported during the rectification procedure to be registrable, he must issue a dismissive order, provided an agreement cannot be reached, against which an appeal can be lodged with the rectification commission within ten days.

2. ...

3. A special register must be maintained for the cases of appeal, in which the resolution is also to be recorded.

1. If an amicable settlement cannot be reached between the parties in the clearance procedure regarding the existence, content, scope, and rank of a right or the total value of a ground burden, the clearance officer shall bring about a legal resolution.

2. For this purpose, the clearance officer shall set a period of 30 days for the plaintiff party to assert the claim before the clearance commission via registered mail, under the threat of assuming abandonment of the right in the event of non-compliance.

3. The disputed right shall, in the meantime, be secured by a provisional registration (Art. 961 Swiss Civil Code).

1. The deadline for asserting claims before the Reconciliation Commission is set for

1. the property owner who disputes the existence, content, and scope of a right registered in the cantonal land register;

2. the claimant who asserts the existence of a right registered in the reconciliation procedure which was previously unregistered or differs from the previous registration.

1. The President of the Conciliation Commission, the Cantonal Court, and the Supreme Court shall inform the Conciliation Officer of the receipt of complaints and their resolutions.

1. Real estate not previously registered in the cantonal land register shall be subjected to the procedure pursuant to Art. 662 of the Civil Code (ZGB), unless it pertains to public real estate as per Art. 664 and 944 of the Civil Code (ZGB).

1. If the ownership rights registered in the land register do not correspond with the actual ownership circumstances (e.g., due to inheritance), a correction is to be sought.

2. For this purpose, the reconciliation officer shall require the parties involved to execute the necessary dispositions and shall set a period of 30 days for this.

3. If the period expires without use, the registration shall be carried out by the reconciliation officer.

1. The municipal councils shall submit to the reconciliation officer a list of public roads and paths (cantonal roads, municipal roads, public utility roads), as well as those private roads and paths that are publicly accessible.

2. The encumbrance of the latter usually occurs in the form of a municipal servitude (popular servitude).

1. Insofar as the entry in the cantonal land register or the order files do not clearly indicate the establishment of a personal servitude or personal encumbrance, the historical servitudes are to be entered into the federal land register as easements, or, if applicable, as real encumbrances.

1. Applications and documents submitted in previous call procedures must be handed over to the consolidation officer as soon as the respective municipality is included in the consolidation process.

1. For the new lien titles to be established in the adjustment procedure, no pledge agreement according to Art. 799 of the Civil Code is required; the registration with the land registry is carried out by the adjustment officer.

2. The property owners must provide the adjustment officer with a list of the lien creditors or titleholders for the execution of the lien adjustment.

1. The Rectification Officer shall order the reissuance of existing lien titles of the Civil Code if a title has become damaged, illegible, or unclear, or if it would be impaired in its negotiability due to the entry of the rectification result.

1. Smaller mortgage claims are to be consolidated in accordance with Article 23 of the Land Register Act, and the mortgage sums shall be rounded up or down.

2. The rectification officer may order the repayment for pledged titles or partial claims under CHF 1,000.

3. The Nidwaldner Cantonal Bank must take over such mortgage claims at face value, including secured interest arrears, if they comply with its regulations.

1. If a demanded pledge document is not submitted and cannot be obtained through the ordinary process, it will be declared void in accordance with Article 865 of the Civil Code.

2. For missing or lost pledge documents, the clearing officer must initiate the void declaration procedure pursuant to Article 865 of the Civil Code.

3. In order to save costs, the void declaration procedure should be conducted jointly for multiple properties.

1. The federal land register shall be established in accordance with Articles 942-977 of the Swiss Civil Code (ZGB), Article 43 of the Final Title of the Swiss Civil Code, Articles 107-107c, and Articles 111-111p of the Federal Ordinance on the Land Register either on loose-leaf sheets or managed through electronic data processing (EDP); the design of the land register sheet is determined by the competent authority and requires the approval of the Federal Council.

2. Co-ownership shares of real estate, which are jointly owned by spouses or partners in a registered partnership, as well as co-ownership shares of parking spaces, land parcels with an area up to 200 m², forests, and alpine pastures, are not required to be recorded as independent properties in the EDP land register.

3. The individualization of co-ownership shares may also be omitted if it can be credibly demonstrated that the co-ownership relationship is of a temporary nature.

1. The land registry office may obtain data from other information systems through electronic transmission.

2. The land registry office grants the official surveying and LIS Nidwalden AG direct access to data from the electronic land register within the framework of federal law.

3. The competent directorate decides on further direct or indirect access to data from the electronic land register, taking data protection into account.

1. For data security and data protection, concepts must be developed that require the approval of the competent directorate.

1. The number of the land register sheet must correspond with the number of the property in the cadastral records.

2. The following land register sheets are designated with their own numbering, provided they have not received their own cadastral number

1. Condominium units;

2. Co-ownership shares when opening independent sheets;

3. Independent and permanent rights entered in the land register as properties;

4. Mines.

3. The numbers of these land register sheets must be communicated to the surveying engineer and may no longer be used in the cadastral records.

1. Easements and ground charges are recorded in the designated column only in keyword form, based on a list of keywords approved by the Directorate of Justice.

2. For entries for which the date of establishment cannot be determined, the date of the implementation of the land register is to be indicated.

1. Upon completion of the main ledgers of a municipality, the auxiliary registers required by Art. 108 and the following of the Federal Land Registry Ordinance must be established. Additional auxiliary registers and lists may be maintained, particularly those concerning easements, pre-notations, and annotations.

2. The property owner's register in the paper land register is maintained with computer assistance.

3. The following additional personal data may be included in the auxiliary registers

1. Civil status with the terms "married" or "not married";

2. Place of origin;

3. Nationality;

4. Alliance name.

1. The land registers created for a municipality or part of a municipality shall be publicly displayed at the rectification office for 30 days.

2. The display shall be publicly announced in the official gazette with an indication that real rights are only valid against bona fide third parties in terms of existence, content, scope, and rank according to the entries in the land register.

3. Anyone who credibly demonstrates an interest may submit an objection during the display period to the rectification officer, claiming that the transfers from the cantonal land register or the rectification record have been incorrectly or incompletely executed.

4. Rights or encumbrances acknowledged by signature in the rectification procedure can no longer be contested.

1. After the resolution of any objections, the Directorate of Justice reviews the main ledgers and auxiliary registers; upon verification of accuracy, it submits an application to the Governing Council to declare the land register of the respective municipality effective.

2. The Governing Council publishes the enactment in the Official Gazette with a notice regarding the consequences of forfeiture pursuant to Article 25 of the Land Registration Act and informs the Federal Land Registry Office, the Municipal Council, and the Cantonal Land Registry Office accordingly.

3. The publication must be repeated in the Official Gazette three months before the expiration of the two-year period.

1. The cantonal land register shall be closed and archived on the day the federal land register comes into force.

1. The land registry administrator shall ex officio notify the consolidation officer of all legal transactions registered in the cantonal land register, in particular all parcel divisions and area changes.

2. The consolidation officer shall provide the cadastral surveyor with all documents necessary for updating the survey record already during the consolidation procedure.

1. This Implementation Ordinance shall enter into force subject to a referendum pursuant to Article 49 of the Cantonal Constitution, upon approval by the Federal Council.

1. Until the federal land registry comes into effect, the cantonal land registry shall continue to be maintained.

2. Upon the completion of the rectification of a property, the result of the rectification procedure shall form the basis for any future transfer of ownership or creation of liens.

3. Registrations submitted to the land registry office after the completion of the rectification require verification by the rectification officer before they can be recorded.