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Land register

The land register (Grundbuch) is the official, public register recording all properties of a region with their ownership and rights. It shows bindingly who owns a property and which rights and encumbrances (e.g. mortgages, easements) rest on it.

The land register is governed by Art. 942 ff. ZGB and is kept cantonally, by the land registries. Each property has its own page with several sections: ownership (who owns it), easements and land charges (e.g. rights of way, building rights, usufruct), mortgages, and provisional entries and annotations. Together with the official survey (cadastral plan) this gives a complete picture of a property.

A core principle is the public faith of the land register: anyone relying in good faith on an entry is protected – ownership of a property is only acquired with the land register entry, not already with the contract. Property transfers, new mortgages or easements must therefore always be entered. Entries are made on application, usually by the notarising officer after public notarisation.

Access is regulated in graded form. Certain details such as ownership, property description and easements are viewable by persons with a legitimate interest; some data (e.g. owner's name, area) are partly public. A land register extract often costs around CHF 20 to 100 depending on canton and scope (no guarantee). For a full, certified extract or for transfers, additional land register fees apply, usually based on the market value.

The land register is central for buyers, sellers, banks, notaries and authorities. Before any property purchase a current extract should be checked: it shows whether the property is encumbered (mortgages), whether third parties have rights (rights of way, building right) or whether building bans and annotations exist. Ambiguities should be clarified before notarisation with a real estate or legal professional – an overlooked right of way or easement can significantly affect value and use.

Example

Before buying a building plot, Ms Aebi orders an extract from the land registry. In it she discovers a registered right of way in favour of the neighbour crossing the plot, as well as an existing mortgage. Thanks to this information she can arrange the redemption of the mortgage in the contract and renegotiate the price with the right of way in mind.

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Frequently asked

How much does a land register extract cost?

Depending on canton and scope an extract often costs around CHF 20 to 100. A simple extract is cheaper, a full or certified one more expensive. For transfers and new entries, additional, usually value-based land register fees apply (no guarantee).

Who may look at the land register?

Access is graded: anyone who credibly demonstrates a legitimate interest – for example as a prospective buyer, bank or neighbour in a specific matter – can view the relevant sections. Some details such as the owner's name and property description are partly publicly accessible.

Why is the land register entry so important?

Because ownership and real rights to a property only become legally valid with the entry in the land register. The public faith principle also applies: anyone relying in good faith on an entry is protected. Without an entry, even a notarised contract is not yet completed.

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