**Art. 1 Land Register Act Land Register Act**

1 Each district of the Canton constitutes a land registry district.

2 The Ceresio Circle is assigned to the land registry district of the District of Mendrisio. [1]

[1] Para. introduced by the Law of 27.9.2005; in force since 1.7.2006 - BU 2005, 392. As of July 1, 2006, all entries concerning the Ceresio Circle are made by the land registry office of the District of Mendrisio - BU 2005, 393.

1 Every district has a land registry office, which forms part of the registry office services.

2 It is headed by an officer appointed by the State Council; at the discretion of the State Council, an officer may be appointed to head more than one district office. [2]

3 Further provisions, particularly concerning the requirements for appointment, the deputyship of the responsible personnel, and the organization of the office, are laid down in the implementing regulations.

[2] Para. amended by Law of 25.3.2002; in force since 1.1.2003 - BU 2002, 128.

All claims for compensation for damages caused in the keeping of the land register, for which the State and its officials are liable by virtue of Article 955 of the Swiss Civil Code (SCC), are subject by analogy to the procedure provided for by the cantonal law on the civil liability of public entities and agents.

1. The notary and other officials entrusted with drafting public instruments are presumed to be agents of the parties for requests for entry into the land register of the instruments drafted by them (Article 963 para. 3 CC).

2. Unless the parties have provided otherwise, the entry must be requested within a period of thirty days. After this period, only the person entitled to dispose of the land register is authorized to submit the request for entry.

3. The notary remains subject to disciplinary consequences and liability towards the State, in accordance with the notarial law and its related regulations.

[3] The regulation designates the supervisory authority in accordance with Article 953 CC, which is responsible for the powers provided for in Article 956 CC, and with which an appeal can also be lodged in the first instance against decisions of the registry offices in accordance with Article 956a CC.

Appeal to the Court of Appeal [4]

[3] Art. amended by L 27.6.2012; in force since 1.1.2012 - BU 2012, 469.

[4] Marginal note amended by L 24.6.2010; in force since 1.1.2011 - BU 2010, 324.

[5] Appeals against the decisions of the supervisory authority may be lodged with the Court of Appeal within thirty days; the provisions of the Administrative Procedure Act of 24 September 2013 are applicable.

[5] Art. amended by L 24.9.2013; in force since 1.3.2014 - BU 2013, 481; previous amendment: BU 2010, 324.

The implementing ordinance also establishes

a) the bodies responsible for introducing the definitive land register and the pro-definitive land register;

b) the procedure for introducing the definitive land register and the pro-definitive land register and for adapting original condominium ownership;

c) the provisions concerning the updating of the land register and the rectification of jurisdictional boundaries;

d) the provisions governing the legal relationships between the land register, land consolidation, and official surveying during the execution of land consolidation and official surveying.

1 All legal relationships established after the entry into force of the CCS (1.1.1912) are entered in the provisional register.

2 Pre-existing legal relationships may only be entered if the request for entry is submitted by the person entitled to present it and is accompanied by the necessary supporting documents.

The provisional land register has the effects of the land register concerning the creation, transfer, modification, and extinction of real rights (Article 48 para. 2 Final Title SCC).

[6] Ascertainment of real rights may take place by means of a proclamation, in the cases provided for in articles 21a and following, and with the procedure established therein.

[6] Art. amended by Law 24.6.2010; in force since 1.1.2011 - BU 2010, 324.

1 The provisional land register consists of

a) the register of mutations and easements;

b) the register of pledges and real estate attachments;

c) the cadastre of water rights;

d) the day book (general order book);

e) the supporting documents;

f) the cadastral records of land consolidation.

2 In addition, the rubrics or usage indices prescribed by the implementing regulation shall be kept as auxiliary registers.

1 Registrations, annotations, and mentions, as well as their modifications and cancellations, that do not refer to real estate pledge rights, are recorded in the register of mutations and servitudes, kept in the form of a chronological journal. These can be grouped by Municipality, while still preserving the chronological order.

2 The register may be kept in the form of loose-leaf pages.

1 At the beginning of each month, the land registry official shall communicate to the Municipality of the respective Commune and to the revising or engaging surveyor all property mutations that occurred in the preceding month, as well as the easements to be represented on the cadastral plans.

1 Inscriptions, modifications, and cancellations of real estate liens and foreclosures are carried out in the real estate liens and foreclosures register. It is kept in the form of a chronological journal and comprises a book of liens and a book of foreclosures.

2 The register may be kept in the form of loose-leaf pages or with the aid of computer systems. [8]

[8] Para. amended by L 27.6.2012; in force since 1.1.2012 - BU 2012, 469.

The register of pre-existing mortgages, at the entry into force of the SCC (1.1.1912), also forms part of the provisional land register (articles 22 and 23 Final Title SCC).

Mortgage notes [9]

[9] Marginal note amended by L 27.6.2012; in force since 1.1.2012 - OJ 2012, 469.

[10] For the issuance of registered mortgage bonds, bearer mortgage bonds, or mortgage bonds registered in the name of the owner of the property, and for the issuance of ledger mortgage bonds registered in the name of the owner or third parties, a certificate of proclamation is required (Art. 21a et seq.).

[10] Art. amended by L 27.6.2012; in force since 1.1.2012 - BU 2012, 469.

1 Mortgage notes must be completed according to a uniform form and comply with the requirements set out in the Land Register Ordinance (LRO). [11]

2 The title must also contain the notice that apparent and continuous servitudes, acquired prior to 1912, are not indicated therein.

[11] Para. amended by L 27.6.2012; in force since 1.1.2012 - BU 2012, 469.

The transfer of a claim secured by a real estate pledge is noted in the margin of the registration of the real estate pledge.

[12] Art. repealed by L 21.1.2025; in force from 1.1.2026 - BU 2025, 244; previous amendment: BU 2012, 469.

1 Requests for registration must be submitted in written form, in the Italian language, accompanied by the constitutive title, in accordance with Articles 963 et seq. of the Civil Code and Articles 46 et seq. of the Land Register Ordinance. [13]

2 The request for registration must be accompanied by the cadastral extract, the date of issue of which must not be older than one month.

[13] Para. amended by Law of 27.6.2012; in force since 1.1.2012 - OJ 2012, 469.

1 The properties to which the entries refer must be indicated by the name of the Municipality where they are situated and the map number appearing from the cadastral extract.

2 Where a reliable map does not exist or the number cannot otherwise be determined, the designation of the property is made with other indications capable of identifying it, specified in the cadastral extract or in the declaration issued by the municipal registry, such as the local name, the denomination, the boundaries, the approximate surface area, and the official estimated value.

[15] 1 Until the definitive land register comes into force, in cases of transfer of real estate ownership following a contract, the publication of a proclamation (grida) is permitted, for the purpose of ascertaining the real rights encumbering the property.

2 The publication must be requested within three months from the registration of the transfer in the provisional land register.

[15] Article introduced by Law 24.6.2010; in force from 1.1.2011 - BU 2010, 324.

[16] 1 The application for the publication of the "grida" shall be submitted to the praetor of the jurisdiction in which the assets are situated, together with proof of registration of the transfer of ownership.

2 The praetor shall refuse the publication if he does not deem the request justified.

3 The decree of refusal may be appealed by the applicant.

[16] Art. introduced by Law 24.6.2010; in force since 1.1.2011 - BU 2010, 324.

[17] The public announcement must contain

a) the name, surname, father’s name and domicile of the current and previous owner;

b) the indication of the municipality in which the properties are located, their nature, denomination and cadastral map numbers; where no cadastral map exists, the indication of the properties must also be made by means of particular descriptions suitable for their identification, such as locality, boundaries, approximate measurements;

c) the indication of the deadline for notifying objections;

d) the warning of forfeiture.

[17] Art. introduced by Law 24.6.2010; in force from 1.1.2011 - Official Gazette 2010, 324.

[18] 1 The publication of the summons shall be made in the Official Gazette twice, with an interval of 15 days.

2 The summons must also be published on the notice board of the municipality where the immovable property is located.

3 The term for objections is at least three months from the first publication.

[18] Art. introduced by L 24.6.2010; in force since 1.1.2011 - BU 2010, 324.

[19] Notification of existing or claimed rights over real estate subject to the public announcement must be made by way of an objection, introduced in writing to the Court of First Instance, in duplicate, one copy of which is returned to the objector with a note of the date of filing.

[19] Art. introduced by Law of 24.6.2010; in force from 1.1.2011 - BU 2010, 324.

[20] Contradiction is not necessary

a) for real rights and real estate pledges resulting from a provisional land register;

b) for apparent and continuous easements acquired before the year 1912.

[20] Art. introduced by Law of 24.6.2010; in force since 1.1.2011 - BU 2010, 324.

[21] The magistracy, once the term for objections has expired, officially notifies the parties indicated in the public notice of the publication having occurred and provides them with a copy of the objections.

[21] Art. introduced by L 24.6.2010; in force since 1.1.2011 - BU 2010, 324.

[22] 1 The applicant, their employer or successor in title, must declare to the Justice of the Peace within one month from the expiry of the period for opposition, which oppositions they challenge.

2 Unchallenged rights are recognised.

3 The opposing party has the right to request their entry in the provisional land register, producing as a supporting document the report of the opposition, with the certificate from the Justice of the Peace that it was not challenged.

[22] Art. introduced by Law of 24.6.2010; in force since 1.1.2011 - BU 2010, 324.

[23] 1 The Praetor assigns to the opposing party, whose right has been challenged, a term of thirty days to bring an action for the ascertainment of the right through ordinary procedure.

2 The right is forfeited if the action is not brought within the assigned or extended term.

3 The recognition of rights not stated in the opposition cannot be requested.

[23] Art. introduced by Law 24.6.2010; in force from 1.1.2011 - BU 2010, 324.

[24] 1 Real rights not notified at the public announcement are forfeited, subject to Article 21f.

2 A right recognized by the author of the public announcement in the legally valid forms for its establishment is, however, never prejudiced against them even if not notified.

[24] Art. introduced by Law 24.6.2010; in force since 1.1.2011 - BU 2010, 324.

[25] Rights ascertained in court can be provisionally registered in the land register, with the final judgment serving as the justifying document.

Issuance of mortgage bonds [26]

[25] Art. introduced by Law 24.6.2010; in force since 1.1.2011 - BU 2010, 324.

[26] Marginal note amended by Law 27.6.2012; in force since 1.1.2012 - BU 2012, 469.

[27] The issuance of mortgage notes in municipalities where the definitive land register has not yet been introduced must be preceded by the ascertainment of real rights encumbering the properties subject to the pledge.

[27] Art. amended by Law of 27.6.2012; in force since 1.1.2012 - BU 2012, 469; previous amendment: BU 2010, 324.

The land register is organized by municipality and based on cadastral parcel numbering.

In municipalities possessing an official survey, the definitive land register shall be introduced, which shall take place for each municipality in the order determined by the Council of State.

1. The provisional cadastral survey is introduced, exceptionally, using provisional measurements recognized as suitable by the Council of State. It may also extend to areas subject to permanent ground displacements (Article 660a SCC).

All properties surveyed by official survey or by provisional survey recognized as suitable in accordance with Article 24 para. 1 of this Law are registered in the land register in accordance with federal law (Article 943 SCC).

The properties of the cantonal public domain, of public law corporations, and of railways are also registered in the land register (Article 944 SCC).

1 Indicative sheets, within the meaning of this law, are the sheets of the ledger (Article 945 CCS).

2 As a rule, each property is registered in a single indicative sheet.

3 When in a municipality or part of a municipality property is excessively fragmented, the Council of State may propose the collective sheet (Article 947 CCS).

The introduction of the land register is decided by the Council of State.

For the determination of ownership, the results of the measurement in force shall be decisive.

1 Funds that are subject to *Livello*, emphyteusis, perpetual easements, antichresis, or other rights that cannot be constituted under federal law, shall be mentioned in accordance with the actual and current economic prevalence of the right (Article 45 Final Title SCC).

2 If the emphyteusis consists of a construction on another's land, permitted by current law, it shall be registered in accordance with Article 779 SCC, even if its constitution predates the current law.

3 The ownership of trees on another's land shall be registered as a mention.

The pre-existing alp rights on communal funds, those of other corporations or public law institutions, are appropriately mentioned.

The registration of servitudes and other pre-existing limited real rights that are not real estate pledges takes place in accordance with Article 43 Final Title CCS.

Mortgages registered in the registers prior to the entry into force of the Civil Code (1.1.1912) are transcribed ex officio, provided their current validity is proven, following the publication of a public notice and according to the procedures established by the implementing regulation.

The failure to report a pre-existing mortgage registration that was still valid, even if no notifications were received within the term of the proclamation (grida), does not alter the civil law relationship between the creditor and the debtor. However, the owner of the encumbered property who is not personally liable as a debtor is released from all responsibility.

1 The State guarantees the creditor against any damage that may result from the failure to record the right of pledge.

However, the creditor may avail themselves of this guarantee only if they demonstrate that they have, without success, attempted by all legal means to recover the debt from the debtor.

2 The State is entitled to recourse against the debtor.

For the introduction of the definitive or pro-definitive land register, a public announcement is issued for the verification of limited real rights transcribed ex officio from the provisional land register and for the notification of pre-existing limited real rights.

1 Rights that arose before 1912, which were not notified within the terms provided by the proclamation mentioned in the preceding article, are declared lapsed pursuant to Article 44 para. 2 Final Title CC.

2 Apparent and continuous rights remain reserved.

In the event of a dispute before the judicial authority, the existence of the claim is mentioned in the indicative sheets of the general ledger.

1. The court fee from CHF 50.-- to CHF 500.-- and the expenses shall be borne by the losing party.

2. If there is mutual loss, these may be apportioned partially or in full between the parties.

3. When the disputes are withdrawn by desistance or acquiescence, neither fees nor expenses shall be levied.

Title:** Le intavolazioni e le iscrizioni nel registro fondiario definitivo, la sua pubblicità, i suoi effetti nonché l’estinzione dei diritti e la loro radiazione, sono regolati dal diritto federale.

**Translation:** The entries and registrations in the definitive land register, its public nature, its effects, as well as the extinction of rights and their cancellation, are governed by federal law.

1 The keeping of the land register in electronic form is permitted within the limits established by the LRO. [28]

2 The Council of State shall establish by regulation the right of direct access to data, the extent and modalities for exercising such right, as well as sanctions against possible abuses.

[28] Para. amended by Law of 27.6.2012; in force since 1.1.2012 - OJ 2012, 469.

1. **Blocking of the Land Register**

The blocking of the land register prohibits, within the limits established by the judge or the authority that orders it, any act of disposition in the register.

2. The land register official must refuse, within the limits of the blocking order, any request for registration.

… [30]

**Municipal attestation LDFA** [31]

[30] Art. repealed by L of 22.3.2007; in force since 1.6.2009 - BU 2009, 221.

[31] Marginal note amended by L of 22.3.2007; in force since 1.6.2009 - BU 2009, 221.

[32] 1 Together with the application for the registration of changes of ownership, with the exception of those by succession, a municipal certificate must be enclosed, indicating the planning data for each parcel of land. This certificate is also valid in cases of mortgage encumbrance, division or subdivision of land for the purpose of applying the Federal Act on Rural Land Law of 4 October 1991 (RLA).

2 The content of the certificate is specified in the regulations.

Statistical Processing [33]

[32] Art. amended by L 22.3.2007; in force since 1.6.2009 - BU 2009, 221.

[33] Marginal note amended by L 22.3.2007; in force since 1.6.2009 - BU 2009, 221.

[34] Data collected by registry offices and data recorded in the land register may be processed in compliance with data protection provisions. For this purpose, they may be transmitted to the cantonal statistical office.

[34] Art. amended by Law of 22.3.2007; in force since 1.6.2009 - BU 2009, 221.

[37] The publication of land register data on an electronic medium can be integrated into the cantonal geodata system.

[37] Art. introduced by L 27.6.2012; in force since 1.1.2012 - BU 2012, 469.

1 Special registers are opened for original condominium ownership. [38]

2 The Federal Council may derogate from this provision (Article 10a para. 4 RRF).

[38] Para. amended by L 27.6.2012; in force since 1.1.2012 - BU 2012, 469.

1 The official confirmation provided for in the cases of Articles 68 and 69 ORF is issued, upon request of the land registry officer, by the revising surveyor of the respective district. [39]

2 The costs for issuing the confirmation are calculated in accordance with the Tariff for geometric operations for updating cadastral measurements.

[39] Para. amended by Law of 27.6.2012; in force since 1.1.2012 - OG 2012, 469.

1 For every act of disposition relating to funds registered in the name of persons deceased or disappeared before 1.1.1912, the owners must request the transfer (voltura) in their own name.

2 The application must be submitted to the municipality, accompanied by supporting documents.

1. Volture must result from a specific municipal resolution and be immediately entered into the cadastral registers.

2. The regulation for the maintenance of cadastral records establishes the methods and procedure.

In exceptional cases, when the submission of documents or supporting titles proves impossible, but it concerns well-known, undisputed, and long-standing legal relationships, to such an extent as to exclude any reasonable fear of dispute, the municipality may admit the application for transfer (voltura) provided it is signed by all interested parties.

The procedure is exempt from fees.

[41] 1 The public update procedure may be undertaken when there is a high number of easements, annotations or mentions that have become obsolete, confusing, or difficult to determine over time or due to circumstances, upon request of the land registry office where the majority of the affected properties are located, and upon order of the supervisory authority.

2 The initiation of the procedure is published in the Official Gazette and directly notified to the interested parties.

3 The procedure is carried out by the competent land registry office and is noted in the land register on the properties within the affected districts. The regulation governs its modalities.

4 Complaints against the new findings may be submitted to the land registry office within a period of 30 days. Against the decision on a complaint, an appeal may be filed with the supervisory authority, whose decision may be challenged by means of judicial action before the justice of the peace within thirty days from notification.

5 Once the new situation is definitive, the mention is cancelled, together with the registration of any new findings, by the land registry office.

[41] Art. introduced by Law of 27.6.2012; in force since 1.1.2012 - BU 2012, 469.

1 The costs arising from the operations provided for in Title Three - Chapter II - of this Law, net of any subsidies, shall be divided between the Municipalities and the owners of land, pipelines, and railway lines, in the following proportions

60% borne by the Municipality;

40% borne by the owners. [42]

2 The same division shall apply to the procedures for adjusting the definitive land register following the new division of land or renewal of the cadastral measurement.

[42] Para. amended by Law of 27.9.2005; in force from 1.1.2007 - BO 2005, 390. For land register introduction procedures pursuant to Article 52 initiated by 31 December 2006, the following division shall apply: 40% borne by the State, 40% borne by the Municipality, 20% borne by the owners - BO 2005, 390.

The costs to be borne by the owners are divided proportionally to the official estimated value of the registered properties and to the length of the railway lines and pipelines.

The Council of State approves the expense account before the collection of contributions from the State, Municipalities, and property owners.

The fees for land register entries are established by the relevant law.

The regulations for the maintenance of cadastral registers establish the amount of fees collected for operations performed by the municipal Chancellery for the updating of cadastral census records and the issuance of extracts, according to the principle of cost recovery.

The decisions, bills, or invoices issued by virtue of the present law are assimilated to enforceable judgments (Article 89 of the Federal Act on Debt Enforcement and Bankruptcy).

1 An appeal against the apportionment of costs under Article 52 may be lodged with the Council of State.

2 An appeal against the decision of the Council of State may be lodged with the Cantonal Administrative Court.

3 The law of procedure for administrative cases is applicable.

1 The provisions on the basis of which the federal land register came into force in the individual municipalities remain applicable, with particular regard to the effects relating to notifications. The Council of State is authorized to proceed with the expurgation of pre-existing real rights in accordance with Article 44 Final Title of the Swiss Civil Code (SCC), according to the procedures established by Article 28 of the Law on the Application and Supplementation of the Swiss Civil Code (LAC).

2 For municipalities in which, at the entry into force of this law, the publication of the notice for the verification of limited real rights transcribed ex officio and for the notification of pre-existing real rights has already occurred, Articles 95 et seq. of the General Law on the Land Register of February 2, 1933, remain applicable.

This law, together with its annex, having obtained the necessary approval from the federal authority [43] and upon expiry of the referendum periods, shall be published in the Official Bulletin of Laws and Executive Acts of the Canton of Ticino and shall enter into force immediately. [44]

Published in OB 1998, 93.

[43] Federal approval: March 30, 1998 - OB 1998, 102.

[44] Entry into force: April 7, 1998 - OB 1998, 93.