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Land Register

What is a land register?

The Land Register is a public register maintained by the district courts, in which plots of land and the rights attached to them, such as ownership, flat ownership, liens, building rights, easements and encumbrances, are entered. In addition, notes (e.g. the order of priority of an intended sale or the order of priority of an intended charge) and disclosures may be used to draw attention to certain legally relevant facts. The significance of the Land Register lies primarily in the fact that the rights mentioned can only be acquired through entry in the Land Register (principle of registration) and that, as a general rule, one can rely on the accuracy and completeness of the Land Register (principle of reliance). The register is accessible to everyone through inspection of the Land Register (principle of public access).

What does a land register contain?

The Land Register consists of the main register and the collection of deeds. The main register is intended to record entries in the Land Register. It is initially organised by cadastral municipalities (KG). In the main register, there is a land register entry for each area-based unit, each of which has its own entry number (EZ). Since the switch to computerised data processing, all entries contained in the main register, as well as the data contained in the so-called ‘register of deleted entries’ and in auxiliary registers (e.g. the register of persons, the register of properties) are stored in the Land Registry database, a central database at the Federal Computing Centre.

Land registry entries may only be made on the basis of documents which are included in the collection of documents. Until the switch to electronic records, these documents (e.g. the contract of sale in the case of the purchase of a property) were arranged in order of their journal number (TZ, land register file number) by year, bound into volumes and kept at the district court which carried out the land register entry. Such documents can only be inspected at that district court. Henceforth, the documents will be stored in the judiciary’s electronic document archive. Access to such documents in the land register is carried out in the same way as access to the main register.

 

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