What is in the land register and what is it used for?

The land register is a register in which all real estate and associated real rights and encumbrances in a territory are recorded. However, not all of Switzerland has a single land register; rather, there are several. This matter is generally regulated at the cantonal level. Each canton determines for itself whether there is only one land registry office and land register for the entire canton or whether several land registry offices serve different municipalities and regions. The federal government, more specifically the Federal Office of Land Registry and Land Law (EGBA) within the Federal Office of Justice, has overall supervision over the individual land registry offices.

However, not only the land and ownership itself are recorded in the land register; other real rights and encumbrances are also recorded there (e.g., easements, land mortgages). Details of the land register are legally stipulated in the Land Register Ordinance (GBV) and the Swiss Civil Code (ZGB).

The land register exists either in written or electronic form. In either case, it contains all entries relating to real property and real rights and encumbrances in the respective area. When a property is entered into the land register, it is assigned a number and a land register folio. A land register consists of the following components:

• Diary: This section contains entries in the land register, in the order in which they are received.
• General ledger: All valid and deleted land register entries are recorded here as land register folios.
• Plans: This section records the location, form, and contents of a property, including easements.

Easements lead to changes in the characteristics of a property. Authorized persons can intervene in some way, or the use of the property can change for the owner. This category includes, among others, the right of residence, usufruct, and building rights.

According to the Swiss Civil Code (CC), all real estate must be registered in the land register. This includes real estate, permanent land rights, mines, and co-ownership shares in land (see Article 943 CC). Condominiums are also registered in the land register. However, the land register is limited to private property – according to Article 944 CC, state-owned real estate only needs to be registered in the land register if the associated real rights make this necessary.

• According to Article 958 CC, the following types of rights to real estate are registered in the land register:
• Ownership
• Easements and charges
• Liens

Instead of having these registered immediately, some other matters can also be registered in advance. These include personal rights such as preemptive and repurchase rights, purchase rights, leases, and rents.

It is also possible to identify restrictions on disposal that arise from a seizure or a legal transaction (e.g. expectancy for subsequent heirs).

The land register follows several principles, namely the following:

• Public access: The land register is publicly accessible – some parts of it only to authorized persons, but most of it is open to everyone. Therefore, there is no excuse for not knowing about a land register entry.
• Public faith: Anyone who relies on a land register entry and concludes transactions must be protected.
• Principle of application and registration: An application must be submitted for an entry to be made. The right in rem is only valid once it has been entered in the land register.

How entries in the land register work is regulated in Article 963 of the Swiss Civil Code. This requires a written declaration from the owner. In some cases, this is also possible without a declaration, for example, if there is a legally binding judgment or a legal provision is invoked. Deletion from the land register must also be requested in writing.

Anyone can obtain valuable information from the land register. Anyone who can demonstrate a legitimate interest can obtain further information. The land registry office or administrator decides who has such an interest.

• Information that can be viewed even without proof of interest:
• Name and description of the property
• Name and identification of the owner
• Form of ownership and date of acquisition

The land register is primarily intended to maintain transparency regarding private real estate in Switzerland. Oral information from the responsible land registry office is almost always free of charge; however, a fee is usually charged for an extract. The amount depends primarily on the details required – the more details the document requires, the more expensive it usually is.

In most cantons, information can be requested using an online form.

The land register can be of great importance to prospective homebuyers or future landowners. It contains all the important details about a property that could be relevant to a person purchasing a home. The land register entry not only tells you who the legal owner of the land is, but also when the person acquired the property. The land register also states the area of ​​the property and which buildings are located on it.

If you want to build on the property or use it for other purposes, easements sometimes become important. These can affect the character of the property and sometimes even have negative aspects. These can include, among other things, implementation regulations, usufruct, or rights of way. Homebuyers should pay particular attention to the following rights:

• Right of residence: The beneficiary may live in the house or apartment – ​​often this right is valid for life.
• Right of way: Private paths on an adjacent property may be used because there are no separate paths.
• Usufruct: The beneficiary may use the land (live there, build on it, or rent it out), but assumes maintenance costs and taxes.
• Right of passage: Gas, water, or electricity lines may be routed through an adjacent property.

Easements come in many different forms. To fully understand what you are dealing with, it is best to consult a lawyer or notary. They can take a closer look at the land register extract and advise you on the purchase of the property or land.

If you want to buy land, ownership only transfers when you are registered in the land register, not when the contract is signed. A lawyer or notary can also help with this.