Agreement between the Cantons of Zurich and Thurgau concerning the attestation and land register treatment of legal transactions regarding real estate located in both cantons

For the public authentication of legal transactions concerning a property located in both cantons, the notaries of the canton in which the land register entry is to be made (Art. 951 CC³) are exclusively competent.

The boundaries between the land registry districts situated on the canton boundary Zurich–Thurgau, with the exception of the production boundary agreed upon by the convention of the two cantons of October 18 and November 30, 1907², along the municipalities of Ossingen, Waltalingen, Wilen (Zurich), and Oberneunforn, shall be redefined, based on Art. 951 and Art. 953 of the Civil Code³, in such a way that the parcels of land are to be assigned to the land registry district of the canton to which they have economically belonged for a longer period. In cases of doubt, the larger area shall be decisive for the assignment. If extensive parcels of land are involved (state, municipal, and corporate forests, etc.), the land registry district boundary shall be brought into conformity with the canton boundary or a natural boundary.

The course of the new land register district boundaries is indicated in the plans specifically prepared for this purpose for the Zurich-Thurgau cantonal border by a red banded line.

The fees for notarization and land register to be collected in both cantons shall be determined by the boundaries of the land register districts and shall accrue to the office in whose district the real estate is located.

1 Real estate transfer taxes (called real estate transfer taxes in Zurich and real estate transfer fees in Thurgau) to be levied in the border municipalities, as well as all other taxes and contributions for road and river correction costs, are determined by the political cantonal border.

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252.5

Agreement with the Canton of Thurgau concerning notarization

2 The Land Registry Office responsible for the land register processing shall immediately and free of charge provide the relevant Land Registry Office of the other canton, if the real estate transfer tax has been introduced there, with the notification required for its assessment and collection, and shall inform the parties of this tax liability.

The two cantonal survey offices are authorized to make minor changes to the land register district boundaries that arise from boundary adjustments, particularly in connection with land register surveys.

A copy of the boundary plans relating to their respective districts or municipal areas shall be delivered to the land registry offices and the municipalities. A duplicate of all boundary plans shall be deposited in the state archives of both cantons.

The Land Registry Offices must carry out, free of charge, the transfers of relevant property parts necessitated by the new land registry district boundaries and all resulting changes, as soon as such a property is disposed of or the land register is created. The approximate area indicating in which cantonal territory the property is located must always be appended to the property description.

1. If a legal transaction disposes of several properties, some of which are entirely located within a land registry district of one canton and others entirely within a land registry district of another canton, the notary public of the canton in whose land registry district the larger area of the properties in question is located is competent to certify the entire contract. In this case, the land registry application must also be submitted to the land registry office within whose district the larger area of the properties is located, and this office is obliged to arrange for the registration in the other land registry districts ex officio (Art. 42 para. 2 and 4 GBV4).

2. The certification fees in this case accrue entirely to the office performing the certification. With regard to the transfer taxes and contribution obligations to be levied, as well as the other fees, § 5 applies mutatis mutandis.

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Agreement with the Canton of Thurgau concerning Certification

252.5

gung durch den Bundesrat in Kraft5.

1 OS 33, 459 and GS II, 438.

2 LS 245.

3 SR 210.

4 Today: Land Register Ordinance (GBV) of 23 September 2011 (SR 211.432.1).

5 Approved by the Government Council of the Canton of Thurgau on 24 December 1926, by the Government

Council of the Canton of Zurich on 27 January 1927, and by the Federal Council on 4 February

1927.

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