How to get your land register entry from the land registry office

The land register is a public register that shows all existing private legal relationships associated with a property. In Switzerland, each property receives a page in the general ledger and a unique number. The land register shows all encumbrances and the status of rights related to the property, such as whether there are any easements or building rights. The registration of ownership in the land register is regulated by the Land Register Ordinance.

This document includes the journal, i.e., all entries made in the land register in chronological order; the general ledger, i.e., the list of all properties registered in the land register; the pages of the general ledger that concern the data associated with a specific property; the land register plans with the extract from the official survey data; and the official documents that serve as supporting documents, such as purchase contracts and deeds.

The land register shows which rights are encumbering a property. To be valid, these rights must be registered in the land register. They can also take different forms.

This is usually a right of easement. Easements are defined in the Civil Code (CC) as “a burden imposed on a property for the benefit of another property” (Article 730 CC). These easements can be a right of way, a right of use (which allows the use of a property without owning it), a right of common use, or a right of adjoining, which establishes the various regulations for a building.

Usuffrage is another type of usufruct that must be registered in the land register. It grants the beneficiary the right to use another person’s property (Article 745 CC). The beneficiary receives the right to build, occupy, or rent the property. She is also entitled to the income from renting and using the property, but she is obligated to maintain the property and pay the mortgage interest, associated insurance, and taxes.

According to Article 4 of the Land Register Ordinance, responsibility for the land register lies with the cantons. They are therefore obligated to establish the land registry offices and define the cadastral districts. Each cadastre is then administered autonomously by the responsible cantons and municipalities. These municipalities are also liable for any damage caused by poor cadastral management (Article 955 of the Swiss Civil Code). The rules that cadastre authorities must adhere to are laid down in Articles 942 et seq. of the Swiss Civil Code. Furthermore, decisions regarding cadastral rights may be made at the cantonal level.

The administrator of the public register is responsible for monitoring and planning the cadastre. This official must record the creation, transfer, modification, or deletion of real property rights in the land register. They are also responsible for providing information on issues of neighbor law and informing those entitled to them of the restrictions associated with their property.

According to the Swiss Civil Code, the acquisition of a property is only official once it has been registered in the land register (Article 972 of the Swiss Civil Code). The purchase itself is therefore not sufficient to become the owner. Future owners can, however, submit a notice of assignment up until the purchase agreement is signed.

Entries in the land register refer to the property, its easements, land charges, and any liens. For the entry to be considered, the owner of the property must submit a written declaration. Furthermore, the entry in the land register is based on legal documents such as purchase agreements, easement agreements, inheritance contracts, or donation agreements. These documents are retained by the land registry as supporting documents.

According to the provisions of Article 970 of the Swiss Civil Code, anyone can request access to the land register. You do not need to prove an interest to access the following information: the name and description of the building, the type of property, its surface area, the owner’s identity, the date of acquisition, associated easements and charges, special regulations, and lease agreements. Furthermore, the land register also contains plans and the precise description of the property boundaries.

It is not possible for an owner to refuse access to the land register. On the other hand, certain information is only provided to persons who can demonstrate a “legitimate interest.” The same applies to the issuance of an extract, which is not permitted for everyone. You can demonstrate a legitimate interest if you are the owner, beneficiary, or creditor of the property. To obtain an extract from the land register, you must contact the land registry office verbally or in writing. If the office accepts the legitimate nature of the request, it will send the extract free of charge by post. However, a fee of between CHF 20 and 45 is charged for written statements.

It is of utmost importance for every buyer to familiarize themselves with the land register before purchasing. This can help them learn about the rights encumbering their future property and better understand the ownership structure. It should be noted that when a purchase agreement is notarized, the notary is obligated to inform the buyer about the entries in the land register and their legal consequences.

In Switzerland, there is no federal land register covering the entire country, as the maintenance of land registers falls under the responsibility of the cantons and municipalities. Depending on the size of the cantons, they may have only a single land registry office or several regional and municipal land registry offices. Therefore, please contact the municipality where the property in question is located to find the land registry office to which you can submit your application.