Implementing provisions on the land register (AB GB) - Organs and Seat (ABGB)

1. The Land Registry Office with its seat in Sarnen is entrusted with the maintenance of the land register and the related tasks. A branch office is maintained in Engelberg.

2. The Land Registry Office is managed by the Land Registrar.

1. The Official Language is German.

1. The land register is maintained using information technology in accordance with the provisions of the Land Register Ordinance and the Technical Ordinance of the FDJP and DDPS concerning the land register.

1. Land registry data can be inspected at the land registry office during regular opening hours.

1. The Land Registry Office can maintain additional auxiliary registers alongside the Register of Owners and the Register of Creditors, such as directories of the addresses of entitled persons, street directories, or building registers.

1. The documents are to be maintained in files or in chronological order according to the serial number of the journal.

1. Co-ownership relationships concerning overhanging structures or buildings on foreign land can be registered as easements.

1. Statutory Liens are Presented Similarly to Contractual Liens.

1. The Department of Economic Affairs may publish an index of easements and encumbrances.

1. The land registry office notifies the mortgage creditor entered in the land register of any transfer of ownership, indicating whether the mortgage debt is assumed by the acquirer.

2. Additional notifications must be made in accordance with special legislation.

3. If it proves appropriate in an individual case, the land registry office may issue further notifications.

1. The publication of the acquisition of ownership of real estate in the official gazette includes

a. the seller or transferor and the buyer or transferee with name or company name, first name, and place of residence or registered office;

b. the parcel number, the type of real estate, and the place designation;

c. the building or buildings;

d. the area;

e. the content of an independent and permanent right;

f. the co-ownership or value quota.

2. Not published is the acquisition through inheritance or matrimonial property law, the acquisition of small areas, or minor shares or value quotas, including in particular

a. the acquisition of road parcels;

b. area consolidations in the construction of public works;

c. the acquisition of small plots or parts of plots up to 200 m² for non-agricultural purposes and up to 2,000 m² for forest and agricultural land;

d. the acquisition of minor co-ownership shares and total shares up to one-tenth of the entire property;

e. the acquisition of condominium units for garage boxes, hobby rooms, cellar compartments, and similar, as well as minor value quotas up to an increase of one-tenth of the previous quota.

1. The publication of the acquisition of real estate in the Official Gazette is subject to a fee. The fee is a flat rate of CHF 30 per transfer of ownership.

2. The land registry office charges the fee as an expense in accordance with the Ordinance on Land Registry Fees. It settles accounts with the Official Gazette on a quarterly basis.

1. The Executive Council orders the public rectification procedure upon application by the Land Registry Office and designates the affected area as well as the substantive scope of the rectification. It determines the time frame within which the public rectification procedure must be conducted.

2. The order of the public rectification procedure is noted on all properties within the rectification perimeter following publication in the Official Gazette.

1. The Land Registry Office examines the easements as well as prior and additional annotations within the adjustment perimeter for their current legal and factual significance.

2. The owners of properties within the adjustment perimeter and other persons affected by the adjustment are obliged to present the Land Registry Office with all relevant documents and provide information upon request.

3. The Land Registry Office prepares a revised register for each affected property, listing the retained and to-be-deleted easements, as well as the prior and additional annotations. If necessary, in particular for easements, the Land Registry Office may record the physical location of a burden and a right in a plan for the land registry. The plan becomes part of the burden and the right.

1. The Land Registry Office communicates the revised registers to the entitled persons through a decree, provided that these persons have not approved the revised register in writing.

2. If a written communication proves impossible, the decree must be published in the official gazette.

1. An objection to the decision of the land registry office can be raised with the land registry office within 20 days.

2. If the land registry office rejects the objection, the affected person will be informed that the rectification will be carried out unless a lawsuit is filed with the civil court within three months to determine that the entry has legal significance.

1. The Land Registry Office executes final adjustments ex officio.

2. Upon completion of the public adjustment procedure, the Land Registry Office deletes the notation of the order of the public adjustment procedure on the affected properties.

3. The completion of the public adjustment procedure and the deletion of the notation are to be published in the Official Gazette.

1. The provisions of these implementing regulations apply mutatis mutandis to the paper land register, insofar as the transitional provisions to these implementing regulations do not stipulate otherwise.

1. The land registry office periodically secures the paper land register on immutable image or data carriers and stores them in accordance with the instructions of the governing council.