2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 213 Property Law

Principle

The cantonal land register shall be replaced, municipality by municipality, by the federal land register upon completion of the land survey.

Preparatory Work

The introduction of the federal land register is preceded by a rectification of real rights and the redemption of excessive capital.

Sequence of Introduction

1 In notarial districts comprising several municipalities, the federal land register is usually introduced in only one municipality at a time.

2 The Government Council determines the sequence. It takes into account the wishes of the municipalities.

Costs

1 The Canton, districts, and municipalities bear the costs of introducing the federal land register in equal parts. The municipalities may, by decision of the voters, transfer a maximum of 30% of their share of the costs to the landowners.

2 Costs caused by dilatory conduct of the persons involved may be imposed on them.

Duties of the Parties Involved

1. The parties involved are obliged, upon invitation by the Rectification Officer, to cooperate in the execution of the work mentioned in Sections 1 and 2.

2. Whoever culpably violates this provision will be fined upon application by the Rectification Officer.

Estimates

1 The federal land register indicates the estimated values relevant for real estate

mortgages.

2 Authorities that determine these estimated values are obliged to communicate them

to the land registry offices.

Competences of the Cantonal Council

The Cantonal Council enacts the provisions necessary for the execution of this Law,

namely

a) concerning the regularization of real rights and the redemption of over-

extending capital;

b) concerning the inclusion of further valuation figures in the land register;

c) concerning the organization of the notariates and land registry offices as well as the election,

examination, provision of security, and supervision of notaries;

d) concerning minor deviations from the federal land registry

ordinance, provided they are approved by the federal authorities.

Referendum, Publication, Entry into Force

1 This Act is subject to a referendum in accordance with §§ 34 or 35 of the Cantonal

Constitution.

2 It shall be published in the Official Gazette and, after its entry into force, shall be

included in the Collection of Laws.

3 The Government Council is charged with its enforcement. It shall determine the date

of entry into force.

1 GS 13-626 with amendments of September 25, 2013 (KRB Adaptation to new Cantonal Constitution, GS 23-80z), of December 17, 2013 (RRB Adaptation to new Cantonal Constitution, GS 23-97), and of October 25, 2017 (GOG, GS 25-10d).

2 Adopted by popular vote of August 21, 1955, with 2627 Yes votes against 1705 No votes (Abl 1955 638).

3 Para. 1 as amended on October 25, 2017.

4 Para. 2 repealed on September 25, 2013.

5 Heading, Paras. 1, 2, and 3 as amended on December 17, 2013.

6 Amendments of September 25, 2013, entered into force on January 1, 2014 (Abl 2013 2851), of December 17, 2013, on January 1, 2014 (Abl 2013 2974), and of October 25, 2017, on July 1, 2018 (Abl 2018 498).