¹ A mort­gage cer­ti­fic­ate gives rise to a per­son­al debt se­cured by a mort­gage.

² In the ab­sence of an agree­ment to the con­trary, the mort­gage cer­ti­fic­ate, where ap­plic­able, co-ex­ists with the debt to be se­cured that arises from the ba­sic re­la­tion­ship between the cred­it­or and the debt­or

³ The debt­or may raise the per­son­al ob­jec­tions arising from the ba­sic re­la­tion­ship against the cred­it­or and his or her leg­al suc­cessors where they do not act in good faith.

The mort­gage cer­ti­fic­ate takes the form of either a re­gister mort­gage cer­ti­fic­ate or a mort­gage cer­ti­fic­ate on pa­per.

¹ The own­er of a mort­gaged prop­erty who is not also the debt­or un­der the mort­gage cer­ti­fic­ate is sub­ject to the pro­vi­sions gov­ern­ing mort­gage con­tracts.

² In the case of a mort­gage cer­ti­fic­ate, the own­er of the mort­gaged prop­erty may raise the same ob­jec­tions as the debt­or.

The con­sequences of the sale and the di­vi­sion of the prop­erty are gov­erned by the pro­vi­sions on mort­gage con­tracts.

¹ The mort­gage cer­ti­fic­ate debt must neither re­late to the ba­sic re­la­tion­ship nor in­clude con­di­tions or con­sid­er­a­tions in re­turn.

² The mort­gage cer­ti­fic­ate may in­clude debt-re­lated an­cil­lary agree­ments on the rate of in­terest, re­pay­ment in­stal­ments and dis­charge as well as oth­er an­cil­lary pro­vi­sions re­lat­ing to the mort­gage cer­ti­fic­ate debt. A ref­er­ence to a sep­ar­ate agree­ment is per­mit­ted.

¹ The mort­gage cer­ti­fic­ate may be dis­charged by the cred­it­or or the debt­or at six months no­tice at the end of any month un­less oth­er­wise agreed.

² Any agree­ment may not al­low the cred­it­or a short­er peri­od of no­tice than three months, un­less the debt­or de­faults in mak­ing the re­pay­ments or pay­ing the in­terest.

For any per­son re­ly­ing on the land re­gister in good faith, the de­tails of the mort­gage cer­ti­fic­ate debt and the li­en ac­cord with the entry.

¹ The debt­or may raise only such ob­jec­tions as arise from the entry in the land re­gister or to which he or she is per­son­ally en­titled with re­gard to the cred­it­or or to doc­u­ment of title in the case of a mort­gage cer­ti­fic­ate on pa­per.

² Agree­ments in­clud­ing an­cil­lary pro­vi­sions on the mort­gage cer­ti­fic­ate debt may only be cited in op­pos­i­tion to an ac­quirer of the mort­gage cer­ti­fic­ate act­ing in good faith if they are re­ferred to in the land re­gister and on the doc­u­ment of title in the case of a mort­gage cer­ti­fic­ate on pa­per.

On the is­sue of a mort­gage cer­ti­fic­ate, a per­son may be gran­ted a power of at­tor­ney. This per­son must make and re­ceive pay­ments, re­ceive no­tices, con­sent to re­leases from li­ab­il­ity un­der the mort­gage and in gen­er­al safe­guard the rights of the cred­it­ors, debt­or and own­er with all due care and im­par­ti­al­ity

² The name of the au­thor­ised per­son must be re­cor­ded in the land re­gister and on the doc­u­ment of title.

³ If the power of at­tor­ney lapses and the per­sons in­volved are un­able to agree, the court shall make the ne­ces­sary ar­range­ments.

¹ The debt­or must make all pay­ments at the dom­i­cile of the cred­it­or un­less oth­er­wise agreed.

² If the cred­it­or’s dom­i­cile is un­known or has changed to the det­ri­ment of the debt­or, the lat­ter may dis­charge his or her ob­lig­a­tion by de­pos­it­ing pay­ment with the com­pet­ent au­thor­ity at his or her own dom­i­cile or at the cred­it­or’s former dom­i­cile

¹ Where the leg­al re­la­tion­ship changes to the ad­vant­age of the debt­or, in par­tic­u­lar through the re­pay­ment of the debt, the debt­or may re­quest the cred­it­or to agree to an amend­ment be­ing re­cor­ded in the land re­gister.

² In the case of a mort­gage cer­ti­fic­ate on pa­per, the land re­gister shall note the amend­ment on the doc­u­ment of title.

³ In the ab­sence of such an entry or the note on the doc­u­ment of title, the ef­fect of the change in the leg­al re­la­tion­ship has no ef­fect on an ac­quirer of the mort­gage cer­ti­fic­ate act­ing in good faith.

If the mort­gage cer­ti­fic­ate debt is dis­charged, the debt­or may re­quest the cred­it­or:

1.

to agree to trans­fer the re­gister mort­gage cer­ti­fic­ate in­to the name of the debt­or; or

2.

to hand over the doc­u­ment of title to the pa­per mort­gage cer­ti­fic­ate without can­cel­ling the same.

¹ If there is no longer a cred­it­or, or if the cred­it­or waives his or her li­en, the debt­or has the op­tion of either hav­ing the entry de­leted or al­low­ing it to re­main in the land re­gister.

² The debt­or also has the right to con­tin­ue to use the mort­gage cer­ti­fic­ate.

A mort­gage cer­ti­fic­ate on pa­per may not be de­leted from the land re­gister be­fore the doc­u­ment of title has been can­celled or de­clared void by the court.

¹ If the cred­it­or un­der a mort­gage cer­ti­fic­ate has not come for­ward for ten years and if no de­mand has been made for in­terest dur­ing that peri­od, the own­er of the mort­gaged prop­erty may ask the court to make a pub­lic call for the cred­it­or to come for­ward with­in six months

² If the cred­it­or fails to come for­ward with­in this peri­od and if an in­vest­ig­a­tion con­cludes that there is a high prob­ab­il­ity that a val­id claim no longer ex­ists, the court shall:

1.

in the case of a re­gister mort­gage cer­ti­fic­ate, de­lete the li­en from the land re­gister; or

2.

can­cel the mort­gage cer­ti­fic­ate on pa­per and de­lete the li­en from the land re­gister.

¹ A re­gister mort­gage cer­ti­fic­ate is cre­ated when it is re­cor­ded in the land re­gister.

² It is re­cor­ded in the name of the cred­it­or or of the landown­er.

¹ The trans­fer of a re­gister mort­gage cer­ti­fic­ate is achieved by re­cord­ing the new cred­it­or in the land re­gister based on a writ­ten de­clar­a­tion from the pre­vi­ous cred­it­or.

² Pay­ments by the debt­or only have a dis­char­ging ef­fect if they are made to the per­son who at the time of pay­ment is re­cor­ded as the cred­it­or in the land re­gister.

¹ The pledging of the re­gister mort­gage cer­ti­fic­ate is achieved by re­cord­ing the cred­it­or of a charge on chat­tels in the land re­gister based on a writ­ten de­clar­a­tion from the cred­it­or re­cor­ded in the land re­gister.

² A dis­traint or­der is ex­ecuted by re­cord­ing the re­stric­tion on power of dis­pos­al in the land re­gister.

³ The usu­fruct is cre­ated by its re­cord­ing in the land re­gister.

¹ The cre­ation of a mort­gage cer­ti­fic­ate on pa­per al­ways re­quires an entry in the land re­gister and a doc­u­ment of title

² The bear­er or a spe­cif­ic per­son, in par­tic­u­lar the landown­er, may be named as the cred­it­or un­der the pa­per mort­gage cer­ti­fic­ate.

³ The mort­gage cer­ti­fic­ate shall take ef­fect on re­gis­tra­tion even if the doc­u­ment of title has not yet been is­sued.

¹ The mort­gage cer­ti­fic­ate on pa­per is is­sued by the land re­gister is­sued.

² It must be signed by the land re­gis­trar in or­der to be val­id. Oth­er re­quire­ments as to form shall be im­posed by the Fed­er­al Coun­cil.

³ It may be de­livered to the cred­it­or or his or her au­thor­ised agent only with the ex­press con­sent of the debt­or and of the own­er of the ser­vi­ent prop­erty.

¹ For any per­son re­ly­ing on the land re­gister in good faith, the rights stated in the doc­u­ment of title duly is­sued as a mort­gage cer­ti­fic­ate on pa­per ap­ply.

² If the word­ing of the doc­u­ment of title does not cor­res­pond to the entry or if there is no entry, the land re­gister is au­thor­it­at­ive.

³ A per­son who has ac­quired a doc­u­ment of title in good faith is en­titled to dam­ages in ac­cord­ance with the pro­vi­sions gov­ern­ing the land re­gister.

¹ A claim arising from a mort­gage cer­ti­fic­ate may not be ali­en­ated, pledged or oth­er­wise as­ser­ted un­less the claimant is in pos­ses­sion of the doc­u­ment.

² This does not ap­ply to the as­ser­tion of a claim in cases where the doc­u­ment of title has been can­celled or not yet is­sued

¹ The as­sign­ment of a mort­gage cer­ti­fic­ate debt re­quires the de­liv­ery of the doc­u­ment of title to the as­sign­ee.

² If the title is in the names of a per­son, the title must also be en­dorsed and the name of the as­sign­ee giv­en.

¹ Where a doc­u­ment of title has been lost or des­troyed without the in­ten­tion of re­pay­ing the debt, the cred­it­or may re­quest the court to can­cel the doc­u­ment of title and or­der the debt­or to make pay­ment or that a new doc­u­ment of title be is­sued for as yet un­ma­tured claims

² The can­cel­la­tion is made in ac­cord­ance with the pro­vi­sions gov­ern­ing the can­cel­la­tion of bear­er se­cur­it­ies but sub­ject to a no­tice peri­od of six months

³ Like­wise, the debt­or may re­quest that a lost cer­ti­fic­ate which has already been re­deemed be can­celled.

Re­pealed

Re­gistered or bear­er bonds may be se­cured by a mort­gage:

1.

by is­su­ing a mort­gage con­tract or a mort­gage cer­ti­fic­ate for the en­tire series and ap­point­ing an agent for the cred­it­ors and the bor­row­er;

2.

by es­tab­lish­ing a mort­gage right for the en­tire bond is­sue in fa­vour of the is­suer and es­tab­lish­ing a mort­gage on that debt in fa­vour of the bond hold­ers.

¹ Ex­cept where oth­er­wise provided by law, chat­tels may be pledged only by the trans­fer of pos­ses­sion of the chat­tel to the pledgee.

² Any per­son who in good faith takes a chat­tel in pledge ac­quires a gen­er­al li­en over it, provided that third parties do not have rights over the chat­tel as a res­ult of pri­or pos­ses­sion, even if the pledger had no au­thor­ity to ali­en­ate it.

³ The gen­er­al li­en is not es­tab­lished as long as the pledger re­tains ex­clus­ive pos­ses­sion of the chat­tel.

¹ A gen­er­al li­en on live­stock to se­cure the claims of lend­ing in­sti­tu­tions and co-op­er­at­ives au­thor­ised to carry out such trans­ac­tions by the com­pet­ent au­thor­ity of the can­ton in which they have their seat may be es­tab­lished without trans­fer of pos­ses­sion by entry in a pub­lic re­gister and no­ti­fic­a­tion to the debt en­force­ment of­fice.

² The Fed­er­al Coun­cil reg­u­lates the keep­ing of the re­gister.⁶⁵⁰

³ The can­tons may levy fees for entries in the re­gister and the as­so­ci­ated ad­min­is­tra­tion; they de­term­ine the re­gister dis­tricts and the re­spons­ible of­fi­cials.⁶⁵¹

A sub­or­din­ate pledge is es­tab­lished by no­ti­fy­ing the pledgee in writ­ing and in­struct­ing him or her to de­liv­er the pledged chat­tel to the sub­or­din­ate pledgee after his or her claim has been sat­is­fied.

The pledgee may only give the pledged chat­tel in fur­ther pledge with the pledger’s con­sent.

¹ The gen­er­al li­en is ex­tin­guished once the pledgee no longer pos­sesses the pledged chat­tel and is un­able to de­mand its re­turn from third parties.

² The ef­fects of the li­en are sus­pen­ded as long as the pledger has ex­clus­ive pos­ses­sion of the pledged chat­tel with the pledgee’s con­sent.

¹ The pledgee must re­turn the pledged chat­tel to the en­titled party where the pledge is ex­tin­guished due to pay­ment of the debt or for some oth­er reas­on.

² He or she is not ob­liged to re­turn the pledged chat­tel, in whole or in part, un­til his or her claim has been fully sat­is­fied.

¹ The pledgee is li­able for the de­pre­ci­ation or loss of the pledged chat­tel, un­less he or she shows that he or she is not at fault.

² If the pledgee has ali­en­ated the pledged chat­tel or giv­en it in fur­ther pledge without au­thor­ity, he or she is li­able for any res­ult­ing dam­age.

¹ If the debt­or is in de­fault the cred­it­or has the right to sat­is­fy his or her claim from the pro­ceeds of the pledge.

² The gen­er­al li­en provides the cred­it­or with se­cur­ity for his or her claim, in­clud­ing con­trac­tu­al in­terest, debt en­force­ment costs and de­fault in­terest.

¹ The gen­er­al li­en en­cum­bers the pledged chat­tel in­clud­ing its ac­cessor­ies.

² Un­less oth­er­wise agreed, the pledgee must de­liv­er the nat­ur­al fruits of the pledged chat­tel to the own­er once they are no longer a con­stitu­ent part there­of.

³ Fruits which are a con­stitu­ent part of the pledged chat­tel at the time of its real­isa­tion are in­cluded in it.

¹ Where there are sev­er­al pledges on the same chat­tel, the pledgees are sat­is­fied ac­cord­ing to their rank.

² Rank is de­term­ined by the date on which the pledges were es­tab­lished.

Any agree­ment stip­u­lat­ing that the pledged chat­tel will be­come the prop­erty of the pledgee in the event of de­fault on the part of the debt­or is in­val­id.

¹ A cred­it­or has the right to re­tain chat­tels and se­cur­it­ies which have come in­to his or her pos­ses­sion with the debt­or’s con­sent un­til his or her claim has been sat­is­fied, provid­ing such claim is due and in­trins­ic­ally con­nec­ted with the re­tained ob­jects.

² Between per­sons en­gaged in com­merce, an in­trins­ic con­nec­tion ex­ists where both the claim and the re­tained ob­jects re­late to their com­mer­cial deal­ings.

³ The cred­it­or has a spe­cial li­en provided that third parties do not have rights as a res­ult of pri­or pos­ses­sion, even if the chat­tel which he or she has re­ceived in good faith does not be­long to the debt­or.

¹ No spe­cial li­en may be as­ser­ted over chat­tels which by their nature are not real­is­able.

² Equally, no spe­cial li­en may be as­ser­ted where to do so would be in­com­pat­ible with an ob­lig­a­tion as­sumed by the cred­it­or or with in­struc­tions is­sued by the debt­or pri­or to or upon trans­fer of the chat­tel or with pub­lic policy.

¹ In the event of the debt­or’s in­solv­ency, the cred­it­or has a spe­cial li­en even if his or her claim is not yet due.

² If the in­solv­ency did not oc­cur or be­come known to the cred­it­or un­til after trans­fer of the chat­tel, the spe­cial li­en may be ex­er­cised even if in­com­pat­ible with a pri­or ob­lig­a­tion or with a spe­cial in­struc­tion is­sued by the debt­or.

¹ If the debt­or is in de­fault and fails to provide suf­fi­cient se­cur­ity, the cred­it­or is en­titled to real­ise the re­tained ob­ject in the same man­ner as a pledged chat­tel after no­ti­fy­ing the debt­or.

² Where re­tained re­gistered se­cur­it­ies are to be real­ised, the debt en­force­ment or bank­ruptcy of­fi­cial must take the ne­ces­sary steps on the debt­or’s be­half.

¹ Debts or oth­er rights may be pledged provided they are as­signable.

² Un­less oth­er­wise provided, a gen­er­al li­en on debts and oth­er rights is reg­u­lated by the pro­vi­sions gov­ern­ing the pledging of chat­tels.

¹ In or­der to pledge a debt not evid­enced in writ­ing or for which only a bor­row­er’s note ex­ists, the pledge agree­ment must be ex­ecuted in writ­ing and, where ap­plic­able, the bor­row­er’s note trans­ferred.

² The pledgee and the pledger may in­form the debt­or of the pledge.

³ In or­der to pledge oth­er rights, a writ­ten pledge agree­ment must be drawn up and any form re­quired for the trans­fer must be ob­served.

¹ In the case of bear­er se­cur­it­ies, de­liv­ery of the cer­ti­fic­ate to the pledgee is suf­fi­cient to es­tab­lish the pledge.

² In the case of oth­er se­cur­it­ies, the cer­ti­fic­ate must be de­livered and either en­dorsed or ac­com­pan­ied by a de­clar­a­tion of as­sign­ment.

³ The pledging of in­ter­me­di­ated se­cur­it­ies is gov­erned ex­clus­ively by the In­ter­me­di­ated Se­cur­it­ies Act of 3 Oc­to­ber 2008⁶⁵².⁶⁵³

¹ Where there are doc­u­ments of title to goods, the goods may be pledged by pledging the doc­u­ments.

² Where a spe­cial war­rant ex­ists in ad­di­tion to a doc­u­ment of title to goods, pledging the war­rant is suf­fi­cient to pledge the goods, provided no­tice of the pledge in­clud­ing the amount of the debt and the ma­tur­ity date is entered on the doc­u­ment of title.

A sub­or­din­ate pledge of a debt is val­id only if the pri­or rank­ing pledgee is no­ti­fied in writ­ing of the sub­or­din­ate pledge by the cred­it­or or by the sub­or­din­ate pledgee.

¹ Un­less oth­er­wise agreed, a pledge of in­terest-bear­ing debts or oth­er debts con­fer­ring peri­od­ic sub­si­di­ary be­ne­fits, such as di­vidends, is lim­ited to the cur­rent debt and the cred­it­or is not en­titled to pay­ments which have already fallen due.

² However, where such sub­si­di­ary rights are evid­enced by sep­ar­ate doc­u­ments, un­less oth­er­wise agreed, they are also covered by pledged to the ex­tent that the pledge has been val­idly es­tab­lished.

¹ Pledged shares are rep­res­en­ted at gen­er­al meet­ings of share­hold­ers by the share­hold­er rather than the pledgee.

² Pledged cap­it­al con­tri­bu­tions to a lim­ited li­ab­il­ity com­pany are rep­res­en­ted in the mem­bers' gen­er­al meet­ing by the mem­ber rather than the pledgee.⁶⁵⁵

¹ If di­li­gent ad­min­is­tra­tion so re­quires, the cred­it­or may give no­tice to ter­min­ate the pledged claim and col­lect the debt and the pledgee is en­titled to re­quest that such pro­ced­ures be car­ried out.

² Once no­ti­fied of the pledge, the debt­or may make pay­ment to either the cred­it­or or the pledgee, but only with the oth­er party’s con­sent.

³ Where no such con­sent is forth­com­ing, he or she must de­pos­it the amount due.

¹ Any per­son wish­ing to op­er­ate as a pawn­broker re­quires a li­cence from the can­ton­al gov­ern­ment.

² Can­ton­al law may provide that such li­cences are gran­ted only to can­ton­al or com­mun­al bod­ies and char­it­able or­gan­isa­tions.

³ The can­tons may levy fees from pawn­brokers.

¹ A li­cences is gran­ted to private pawn­brokers for a spe­cif­ic peri­od only, but may be re­newed.

² A li­cence may be re­voked at any time if the pawn­broker fails to com­ply with the pro­vi­sions ap­plic­able to his or her busi­ness.

A chat­tel is pawned by de­liv­er­ing it to the pawn­broker against re­ceipt.

¹ If the pawned chat­tel is not re­deemed by the re­demp­tion dead­line, the pawn­broker may sell it at pub­lic auc­tion after mak­ing a pri­or call for re­demp­tion.

² The pawn­broker has no claim against the pledger.

¹ If the auc­tion pro­ceeds ex­ceed the pawned amount, the pledger is en­titled to the sur­plus.

² Sev­er­al claims against the same pledger may be treated as a single claim for the pur­pose of cal­cu­lat­ing the sur­plus.

³ The claim to the sur­plus pre­scribes five years after the sale of the pawned chat­tel.

¹ Provided it has not yet been sold, the pledger may re­deem the pawned chat­tel against re­turn of the re­ceipt.

² If the pledger is un­able to present the re­ceipt, he or she is en­titled to re­deem the pawned chat­tel after the re­demp­tion dead­line provided he or she es­tab­lishes his or her en­ti­tle­ment.

³ As of six months after the re­demp­tion dead­line, the pledger also has such right even where the pawn­broker has ex­pressly re­served the right to re­lease the pawned chat­tel only against re­turn of the re­ceipt.

¹ On re­demp­tion the pawn­broker is en­titled to charge in­terest for the full cur­rent month.

² If the pawn­broker has ex­pressly re­served the right to re­turn the pawned chat­tel to any bear­er of the pawn re­ceipt, he or she may do so as long as he or she does not know and could not reas­on­ably be ex­pec­ted to know that the bear­er ac­quired the re­ceipt un­law­fully.

Com­mer­cial pur­chases with right of re­pur­chase are deemed equi­val­ent to pawn­brok­ing.

¹ Can­ton­al law may is­sue fur­ther reg­u­la­tions gov­ern­ing pawn­brok­ing.

² ...⁶⁵⁶

¹ Ef­fect­ive con­trol over a thing con­sti­tutes pos­ses­sion of it.

² In the case of ease­ments and real bur­dens, ef­fect­ive ex­er­cise of the right con­sti­tutes pos­ses­sion.

¹ Where the pos­sessor trans­fers an ob­ject to a third party in or­der to con­fer on him or her a lim­ited right in rem or a per­son­al right, both are con­sidered to have pos­ses­sion.

² The own­er of the ob­ject has dir­ect pos­ses­sion and any oth­er pos­sessor has de­riv­at­ive pos­ses­sion.

Pos­ses­sion is not lost if the ex­er­cise of ef­fect­ive con­trol is im­peded or in­ter­rup­ted by oc­cur­rences of a tem­por­ary nature.

¹ Pos­ses­sion is trans­ferred by the de­liv­ery of the ob­ject it­self or of the means by which the re­cip­i­ent may gain ef­fect­ive con­trol of it.

² Trans­fer is com­plete once the trans­fer­ee is able to ex­er­cise ef­fect­ive con­trol over the ob­ject with the con­sent of the pri­or pos­sessor.

Trans­fer among per­sons who are ab­sent is com­pleted on de­liv­ery of the ob­ject to the trans­fer­ee or his or her rep­res­ent­at­ive.

¹ Pos­ses­sion of an ob­ject may be ac­quired without phys­ic­al de­liv­ery if a third party or the trans­fer­or him­self re­tains pos­ses­sion of it in terms of a spe­cial leg­al re­la­tion­ship.

² The trans­fer is not bind­ing on the third party who re­tains pos­ses­sion of the ob­ject un­til he or she has been no­ti­fied there­of by the trans­fer­or.

³ The third party is en­titled to re­fuse de­liv­ery to the ac­quirer for the same reas­ons for which he or she could have re­fused de­liv­ery to the trans­fer­or.

¹ De­liv­ery of doc­u­ments of title to goods which have been con­signed to a car­ri­er or a ware­house is equi­val­ent to the de­liv­ery of the goods them­selves.

² However, where a bona fide ac­quirer of the doc­u­ment of title to goods is in con­flict with a bona fide ac­quirer of the goods, the lat­ter has pri­or­ity.

¹ A pos­sessor has the right to use force in self-de­fence against any un­law­ful in­ter­fer­ence.

² If he or she has been dis­pos­sessed of an ob­ject by force or by clandes­tine means, he or she has the right to re­cov­er it im­me­di­ately by ex­pelling the tres­pass­er from the prop­erty or, in the case of a chat­tel, by tak­ing it from a per­son caught in the act and pur­sued im­me­di­ately.

³ In do­ing so, he or she must ab­stain from all force not jus­ti­fied by the cir­cum­stances.

¹ A per­son who wrong­fully dis­pos­sesses an­oth­er of an ob­ject is ob­liged to re­turn it, even if he or she claims a bet­ter right to it.

² If the de­fend­ant may im­me­di­ately show a bet­ter right en­titling him or her to re­claim the ob­ject from the claimant, he or she may re­fuse to re­turn it.

³ The claim is for resti­tu­tion of the ob­ject plus dam­ages.

¹ A pos­sessor dis­turbed by tres­pass may bring an ac­tion against the tres­pass­er even if the lat­ter claims to be in the right.

² The claim is for ces­sa­tion of tres­pass, pro­hib­i­tion of fur­ther tres­pass and dam­ages.

¹ An ac­tion for resti­tu­tion or tres­pass is only ad­miss­ible if the pos­sessor sues for resti­tu­tion of the ob­ject or for ces­sa­tion of tres­pass im­me­di­ately on be­com­ing aware of the in­ter­fer­ence in his or her rights and the iden­tity of the tres­pass­er.

² The ac­tion pre­scribes one year after the date of the tres­pass or dis­pos­ses­sion even if the claimant did not be­come aware of the in­ter­fer­ence in his or her rights and the iden­tity of the tres­pass­er un­til a later date.

¹ The pos­sessor of a chat­tel is pre­sumed to be its own­er.

² Each pre­vi­ous pos­sessor is pre­sumed to have been the own­er of the chat­tel while it was in his or her pos­ses­sion.

¹ The pos­sessor of a chat­tel who does not pur­port to be its own­er may in­voke the pre­sump­tion that the per­son from whom he or she re­ceived it in good faith is the own­er.

² Where a per­son pos­sess­ing a chat­tel in­vokes a lim­ited right in rem or a per­son­al right, the ex­ist­ence of such a right is pre­sumed, but such pre­sump­tion can­not be in­voked against the per­son from whom the pos­sessor re­ceived the chat­tel.

The pos­sessor of a chat­tel may in­voke the pre­sump­tion of his or her bet­ter right in any ac­tion brought against him, sub­ject to the pro­vi­sions gov­ern­ing wrong­ful dis­pos­ses­sion or tres­pass.

A per­son who takes pos­ses­sion of a chat­tel in good faith in or­der to be­come its own­er or to ac­quire a lim­ited right in rem is pro­tec­ted therein even if the chat­tel was en­trus­ted to the trans­fer­or without any au­thor­ity to ef­fect the trans­fer.

¹ A pos­sessor whose chat­tel has been stolen or lost, or who has oth­er­wise been dis­pos­sessed of it against his or her will, may re­claim it from any pos­sessor with­in a peri­od of five years. Art­icle 722 is re­served.⁶⁵⁸

^1bis The right to re­cov­er an ob­ject of cul­tur­al her­it­age as defined by Art­icle 2 para­graph 1 of the Cul­tur­al Prop­erty Trans­fer Act of 20 June 2003⁶⁵⁹, pos­ses­sion of which has been lost against the own­er’s will, pre­scribes one year after the own­er be­comes aware of where and by whom such ob­ject is be­ing held, but at the latest 30 years after the loss.⁶⁶⁰

² If a chat­tel has been sold at pub­lic auc­tion, or on the mar­ket, or by a mer­chant deal­ing in goods of the same kind, it may be re­claimed from the first and any sub­sequent bona fide pur­chaser only against re­im­burse­ment of the price paid.

³ In oth­er re­spects, resti­tu­tion is sub­ject to the pro­vi­sions gov­ern­ing pos­ses­sion in good faith.

Cash and bear­er se­cur­it­ies can­not be re­claimed from a re­cip­i­ent in good faith even if the pos­sessor was dis­pos­sessed of them against his or her will.

¹ A per­son who has not ac­quired a chat­tel in good faith may be re­quired by the pre­vi­ous pos­sessor to re­turn it at any time.

² However, if the pre­vi­ous pos­sessor like­wise did not ac­quire the chat­tel in good faith, he or she can­not re­claim the chat­tel from any sub­sequent pos­sessor.

¹ In re­spect of land re­cor­ded in the land re­gister, only the per­son re­gistered may in­voke pre­sump­tion of title and bring an ac­tion for re­cov­ery of pos­ses­sion.

² However, a per­son who ex­er­cises ef­fect­ive con­trol over the land may bring an ac­tion for wrong­ful dis­pos­ses­sion or tres­pass.

¹ A per­son pos­sess­ing an ob­ject in good faith is not li­able to its right­ful own­er for the con­sequences of us­ing it in ac­cord­ance with his or her pre­sumed right.

² He or she is not ob­liged to re­place what has been lost or dam­aged.

¹ Where the right­ful own­er re­quests resti­tu­tion of an ob­ject, the pos­sessor in good faith may re­quest in­dem­ni­fic­a­tion for any ne­ces­sary or use­ful ex­pendit­ure in­curred and may re­fuse to sur­render the ob­ject un­til such in­dem­ni­fic­a­tion is forth­com­ing.

² He or she has no right to in­dem­ni­fic­a­tion of oth­er ex­pendit­ure, but where none is proffered, he or she may re­move any­thing for which he or she has in­curred cost, provided this may be done without dam­aging the prop­erty.

³ Any fruits col­lec­ted by a pos­sessor are set off against his or her claim for in­dem­ni­fic­a­tion.

¹ A per­son pos­sess­ing an ob­ject in bad faith must re­turn it to the right­ful own­er and com­pensate him or her for any dam­age res­ult­ing from such wrong­ful pos­ses­sion, in­clud­ing any fruits he or she col­lec­ted or failed to col­lect.

² He or she may claim in­dem­ni­fic­a­tion only of such ex­pendit­ure as the right­ful own­er would also have had to in­cur.

³ As long as a pos­sessor does not know to whom he or she must sur­render the ob­ject, he or she is only li­able for dam­age for which he or she is at fault.

A pos­sessor ful­filling the re­quire­ments of ad­verse pos­ses­sion may count his or her pre­de­cessor’s peri­od of pos­ses­sion as part of his or her own provided his or her pre­de­cessor’s pos­ses­sion also qual­i­fied as ad­verse pos­ses­sion.

¹ The land re­gister is kept as a re­cord of prop­erty rights.

² It con­sists of the main re­gister, the plans, prop­erty dir­ect­or­ies, sup­port­ing doc­u­ments and prop­erty de­scrip­tions ap­pen­ded to the main re­gister, and the journ­al.

³ The land re­gister may be kept on pa­per or elec­tron­ic­ally.⁶⁶¹

⁴ Where the land re­gister is kept elec­tron­ic­ally, leg­al ef­fect at­taches to such data as are prop­erly stored in the sys­tem and legible in let­ters and fig­ures or dis­played on plans by means of the tech­nic­al cap­ab­il­it­ies of the devices and equip­ment used by the land re­gister.⁶⁶²

¹ The fol­low­ing are re­cor­ded in the land re­gister as im­mov­able prop­erty:

1.

par­cels of land and the build­ings there­on;

2.

dis­tinct and per­man­ent rights re­cor­ded in the land re­gister;

3.

mines;

4.

co-own­er­ship shares in im­mov­able prop­erty.

² The Fed­er­al Coun­cil is­sues de­tailed reg­u­la­tions gov­ern­ing the pre­requis­ites for and meth­od of re­gis­tra­tion of dis­tinct and per­man­ent rights, mines and co-own­er­ship shares in im­mov­able prop­erty.

¹ Im­mov­able prop­erty which is not privately owned and is in pub­lic use will be re­cor­ded in the land re­gister only if rights in rem at­tach­ing to such prop­erty are to be re­gistered or if can­ton­al law provides for its re­gis­tra­tion.

² If re­gistered im­mov­able prop­erty is trans­formed in­to prop­erty that is not sub­ject to re­gis­tra­tion, it is de­leted from the land re­gister.

³ ...⁶⁶⁴

¹ Each item of im­mov­able prop­erty has its own fo­lio and num­ber in the main re­gister.

² The pro­ced­ure to be fol­lowed in the event of the di­vi­sion or con­sol­id­a­tion of im­mov­able prop­erty is de­term­ined by Fed­er­al Coun­cil or­din­ance.

¹ The fol­low­ing data is entered in sep­ar­ate sec­tions on each fo­lio:

1.

own­er­ship;

2.

the ease­ments and real bur­dens es­tab­lished in fa­vour of or en­cum­ber­ing the prop­erty;

3.

the li­ens with which it is en­cumbered.

² Ac­cessor­ies may be noted on the fo­lio at the own­er’s re­quest and, once noted, may be de­leted only with the con­sent of all such in­ter­ested parties as are evid­ent from the land re­gister.

¹ Two or more par­cels of land may be entered on one fo­lio with the own­er’s con­sent, re­gard­less of wheth­er they are con­tigu­ous.

² The entries on such fo­lio are val­id for all the land in ques­tion with the ex­cep­tion of ease­ments.

³ The own­er may at any time re­quest that entries for in­di­vidu­al par­cels of land be re­moved from a joint fo­lio, all rights be­ing re­served.

¹ Ap­plic­a­tions for entry in the land re­gister are re­cor­ded without delay in the journ­al in chro­no­lo­gic­al or­der in­dic­at­ing the ap­plic­ant and the ob­ject of his or her re­quest.

² Sup­port­ing doc­u­ments are duly clas­si­fied and archived.

³ In can­tons where the land re­gis­trar is au­thor­ised to draw up pub­lic deeds, the sup­port­ing doc­u­ments may be re­placed by an of­fi­cial re­cord whose entries con­sti­tute pub­lic deeds.

¹ The Fed­er­al Coun­cil pre­scribes the land re­gister forms, is­sues the ne­ces­sary reg­u­la­tions and reg­u­lates at its dis­cre­tion the keep­ing of aux­il­i­ary re­gisters.

² The can­tons may es­tab­lish spe­cial pro­vi­sions gov­ern­ing the re­gis­tra­tion of rights in rem on land un­der can­ton­al law, but such pro­vi­sions be­come val­id only when ap­proved by the Con­fed­er­a­tion.

¹ A can­ton wish­ing to keep the land re­gister elec­tron­ic­ally must ob­tain the ap­prov­al of the Fed­er­al De­part­ment of Justice and Po­lice.

² The Fed­er­al Coun­cil reg­u­lates:

1.

the au­thor­isa­tion pro­ced­ure;

2.

the scope and tech­nic­al de­tails of the elec­tron­ic land re­gister, par­tic­u­larly the pro­ced­ure by which entries be­come ef­fect­ive;

3.

wheth­er and on what con­di­tions elec­tron­ic com­mu­nic­a­tion with the land re­gister is per­miss­ible;

4.

wheth­er and on what con­di­tions the pub­lic will be giv­en ac­cess to un­res­tric­ted data re­cor­ded in the main re­gister;

5.

data ac­cess, the log­ging of re­triev­al re­quests and con­di­tions for the with­draw­al of user en­ti­tle­ments in the event of ab­use;

6.

data pro­tec­tion;

7.

long-term data se­cur­ity and data archiv­ing.

³ The Fed­er­al De­part­ment of Justice and Po­lice and the Fed­er­al De­part­ment of De­fence, Civil Pro­tec­tion and Sport define data mod­els and stand­ard in­ter­faces for the land re­gister and of­fi­cial land sur­veys.

¹ The land re­gister of­fices shall sys­tem­at­ic­ally use the OASI num­ber to identi­fy per­sons.

² They shall only dis­close the OASI num­ber to oth­er bod­ies and in­sti­tu­tions that re­quire the num­ber in or­der to ful­fil their stat­utory du­ties in con­nec­tion with the land re­gister and which are en­titled to make sys­tem­at­ic use of this num­ber.

The Fed­er­al Coun­cil shall reg­u­late the na­tion­al search by the com­pet­ent au­thor­it­ies for im­mov­able prop­er­ties in which a per­son iden­ti­fied by their OASI num­ber holds rights.

¹ The can­tons which main­tain the land re­gister elec­tron­ic­ally may com­mis­sion private in­di­vidu­als to:

1.

en­sure ac­cess to the data in the land re­gister in the re­triev­al pro­cess;

2.

en­sure pub­lic ac­cess to the data of the main re­gister which can be viewed without proof of in­terest;

3.

to carry out elec­tron­ic trans­ac­tions with the land re­gister of­fice.

² The com­mis­sioned in­di­vidu­als are sub­ject to the over­sight of the can­tons and of the Con­fed­er­a­tion.

¹ The entry for and de­scrip­tion of each par­cel of land in the re­gister are based on the of­fi­cial ca­das­tral sur­vey, and in par­tic­u­lar on a plan drawn for the land re­gister.

² The Geoin­form­a­tion Act of 5 Oc­to­ber 2007⁶⁷¹ reg­u­lates the qual­it­at­ive and tech­nic­al re­quire­ments of the of­fi­cial ca­das­tral sur­vey.

¹ For land re­gister pur­poses the can­tons are di­vided in­to dis­tricts.

² Im­mov­able prop­erty is entered in the re­gister for the dis­trict in which it is situ­ated.

¹ Im­mov­able prop­erty that lies in more than one dis­trict is entered in the re­gister of each dis­trict, with ref­er­ence be­ing made to the re­gister of the oth­er dis­tricts.

² Entries which es­tab­lish rights are to be made in the re­gister of the dis­trict in which the largest part of the prop­erty is situ­ated.

³ Entries in this land re­gister will be no­ti­fied by the re­gis­trar to the oth­er land re­gister of­fices.

¹ The can­tons are re­spons­ible for set­ting up the land re­gister of­fices, the de­marc­a­tion of the dis­tricts, the ap­point­ment and re­mu­ner­a­tion of of­fi­cials and su­per­vi­sion ar­range­ments.

² The reg­u­la­tions is­sued by the can­tons, save for those con­cern­ing the ap­point­ment and re­mu­ner­a­tion of of­fi­cials, are sub­ject to ap­prov­al by the Con­fed­er­a­tion.⁶⁷²

¹ The can­tons may levy fees for entry in the land re­gister and for the ne­ces­sary sur­veys.

² No charge may be made for entries re­lat­ing to land im­prove­ments or to land ex­changes for the pur­pose of ag­ri­cul­tur­al con­sol­id­a­tion.

¹ The can­tons are li­able for any dam­age arising from the main­ten­ance of the land re­gister.

² They have a right of re­course against the land re­gister of­fi­cials and em­ploy­ees and against the im­me­di­ate su­per­vis­ory bod­ies if they are at fault.

³ They may re­quire the of­fi­cials and em­ploy­ees to provide se­cur­ity.

¹ The man­age­ment of the land re­gister of­fices is sub­ject to the ad­min­is­trat­ive su­per­vi­sion of the can­tons.

² The Con­fed­er­a­tion ex­er­cises the su­per­vis­ory con­trol.

¹ A rul­ing is­sued by the land re­gister of­fice may be con­tested be­fore an au­thor­ity des­ig­nated by the can­ton; a rul­ing in­cludes the un­law­ful re­fus­al to carry out or delay in car­ry­ing out an of­fi­cial act.

² The fol­low­ing per­sons are en­titled to ap­peal:

1.

any per­son who suf­fers par­tic­u­lar pre­ju­dice due to a rul­ing is­sued by the land re­gister of­fice and who has a le­git­im­ate in­terest in its re­voc­a­tion or amend­ment;

2.

the can­ton­al ad­min­is­trat­ive su­per­vis­ory au­thor­ity it has a right of ap­peal un­der can­ton­al law;

3.

the fed­er­al su­per­vis­ory au­thor­ity.

³ No ap­peal may be brought against an entry, amend­ment or de­le­tion of rights in rem or pri­or­ity no­tices ex­ecuted in the main re­gister.

¹ The peri­od with­in which an ap­peal to the can­ton­al ap­pel­late au­thor­it­ies must be filed amounts to 30 days.

² Where the land re­gister of­fice re­fuses to carry out or delays in car­ry­ing out a spe­cif­ic of­fi­cial act, however, an ap­peal may be filed at any time.

The fol­low­ing rights to im­mov­able prop­erty are re­cor­ded in the land re­gister:

1.

own­er­ship;

2.

ease­ments and real bur­dens;

3.

li­ens.

¹ Per­son­al rights may be entered un­der pri­or­ity no­tice in the land re­gister where such no­tices are ex­pressly provided for by law, as is the case for a right of pre-emption, right of re­pur­chase, right of pur­chase, usu­fructu­ary lease and ten­ancy.

² By vir­tue of be­ing entered un­der pri­or­ity no­tice, they may be in­voked against any rights sub­sequently ac­quired.

¹ Re­stric­tions on powers of dis­pos­al may be entered un­der pri­or­ity no­tice for in­di­vidu­al par­cels of land if they res­ult from:

1.

an of­fi­cial or­der made to se­cure dis­puted or en­force­able claims;

2.⁶⁷⁸

a dis­traint or­der;

3.⁶⁷⁹

a case in which entry un­der pri­or­ity no­tice is en­vis­aged by law, such as a re­main­der­man’s ex­pect­ancy.

² On entry un­der pri­or­ity no­tice, the re­stric­tions on powers of dis­pos­al be­come ef­fect­ive against all sub­sequently ac­quired rights.

¹ Pro­vi­sion­al entries may be made in the land re­gister:

1.

in or­der to se­cure as­ser­ted rights in rem;

2.

in the cases where the law per­mits the ap­plic­ant to com­plete his or her ap­plic­a­tion.

² They are made either with the con­sent of all in­ter­ested parties or by court or­der and the right, provided it is later con­firmed, be­comes ef­fect­ive in rem as of the date of the pro­vi­sion­al entry.

³ The court rules on the ap­plic­a­tion and, provided the ap­plic­ant sat­is­fies the court of his or her en­ti­tle­ment, ap­proves the pro­vi­sion­al entry, pre­cisely spe­cify­ing its nature, dur­a­tion and ef­fect and, where ne­ces­sary, set­ting a time lim­it with­in which the ap­plic­ant must bring an ac­tion to as­sert his or her rights.⁶⁸⁰

A pri­or­ity no­tice in the land re­gister does not pre­clude the re­gis­tra­tion of a right with a sub­or­din­ate rank.

¹ The state au­thor­ity or an­oth­er pub­lic body must ar­range for a pub­lic law re­stric­tion on own­er­ship ordered in re­spect of a spe­cif­ic prop­erty that im­poses a per­man­ent re­stric­tion on use or power of dis­pos­al or duty re­lat­ing to the prop­erty on the own­er to be noted in the land re­gister.

² Where the re­stric­tion on own­er­ship ceases to ap­ply, the state au­thor­ity or the oth­er pub­lic body must ar­range for the note to be de­leted from the land re­gister. If the state au­thor­ity or the oth­er pub­lic body fails to act, the land re­gister may de­lete the note ex of­fi­cio.

³ The Fed­er­al Coun­cil shall stip­u­late the areas of can­ton­al law in which re­stric­tions on own­er­ship must be noted in the land re­gister. The can­tons may provide for ad­di­tion­al notes. They shall draw up a list of cir­cum­stances re­quir­ing a note, which must be passed on to the Con­fed­er­a­tion.

The fol­low­ing may be noted in the land re­gister:

1.

the stat­utory rep­res­ent­at­ive at his or her re­quest or at the re­quest of the com­pet­ent au­thor­ity;

2.

the es­tate ad­min­is­trat­or, the rep­res­ent­at­ive of the heirs, the of­fi­cial li­quid­at­or and the ex­ecut­ors at their re­quest or at the re­quest of the heirs or the com­pet­ent au­thor­ity;

3.

the rep­res­ent­at­ive of an own­er, charge cred­it­or or ease­ment be­ne­fi­ciary whose where­abouts are un­known at his or her re­quest or at the re­quest of the court;

4.

the rep­res­ent­at­ive of a leg­al en­tity or oth­er rights hold­er in the ab­sence of the re­quired man­age­ment body at his or her re­quest or at the re­quest of the court;

5.

the ad­min­is­trat­or of a con­domin­i­um as­so­ci­ation at his or her re­quest or at the re­quest of the con­domin­i­um own­ers meet­ing or of the court.

¹ Entries in the land re­gister are based on a writ­ten de­clar­a­tion by the own­er of the im­mov­able prop­erty to which the entry relates.

² No de­clar­a­tion by the own­er is re­quired where the ac­quirer may rely on a pro­vi­sion of the law, a fi­nal court judg­ment or a doc­u­ment hav­ing ef­fect equal to that of a court judg­ment.

³ The of­fi­cials au­thor­ised to ex­ecute pub­lic deeds may be in­struc­ted by the can­tons to no­ti­fy the trans­ac­tions cer­ti­fied by such deeds for entry in the land re­gister.

¹ Amend­ment or de­le­tion of an entry in the land re­gister re­quires an de­clar­a­tion in writ­ing by the per­son whose en­ti­tle­ment res­ults from the entry.

² Such ap­plic­a­tion may be made by sign­ing the journ­al.

¹ A dis­pos­i­tion in the land re­gister, such as an entry, amend­ment or de­le­tion, may be made only on the basis of doc­u­ments es­tab­lish­ing the right to make such dis­pos­i­tion and its leg­al basis.

² Au­thor­ity to re­quest a dis­pos­i­tion is es­tab­lished by proof that the ap­plic­ant is the per­son en­titled by vir­tue of the entry in the land re­gister or has been duly ves­ted with a power of at­tor­ney by said per­son.

³ The leg­al basis for the re­ques­ted dis­pos­i­tion is es­tab­lished by proof that the form­al re­quire­ments have been ob­served.

¹ Where the doc­u­ment­a­tion re­quired for a dis­pos­i­tion in the land re­gister is not forth­com­ing, the ap­plic­a­tion is re­jec­ted.

² However, provided the leg­al basis is es­tab­lished and the ap­plic­a­tion lacks only cer­tain doc­u­ments, a pro­vi­sion­al entry may be made with the own­er’s con­sent or by court or­der.

¹ The entries in the main re­gister are made in the or­der in which ap­plic­a­tions are re­ceived or in which cer­ti­fic­a­tions and de­clar­a­tions are signed by the land re­gis­trar.

² In­ter­ested parties will be provided on re­quest with an ex­tract of the entry.

³ The form­al re­quire­ments for entries, de­le­tions and ex­tracts are reg­u­lated by the Fed­er­al Coun­cil.

Ease­ments are entered and de­leted on the fo­li­os of both the dom­in­ant and ser­vi­ent prop­er­ties.

¹ The re­gis­trar must no­ti­fy in­ter­ested parties of all dis­pos­i­tions in the land re­gister made without their know­ledge; he or she shall, in par­tic­u­lar, no­ti­fy any ac­quis­i­tion of own­er­ship by a third party to parties with rights of pre-emption which are entered un­der pri­or­ity no­tice in the land re­gister or to parties with rights which ex­ist by law and are evid­ent from the land re­gister.⁶⁸⁴

² The time lim­it for chal­len­ging such dis­pos­i­tions be­gins on re­ceipt of such no­ti­fic­a­tion.

¹ Any per­son show­ing a le­git­im­ate in­terest is en­titled to con­sult the land re­gister or to be provided with an ex­tract.

² A per­son is en­titled to ob­tain the fol­low­ing in­form­a­tion from the main re­gister without show­ing a le­git­im­ate in­terest:

1.

the name and de­scrip­tion of the im­mov­able prop­erty;

2.

the name and iden­tity of the own­er;

3.

the form of own­er­ship and the date of ac­quis­i­tion.

³ The Fed­er­al Coun­cil shall spe­cify oth­er par­tic­u­lars of ease­ments, real bur­dens and no­tices in the re­gister which may be made pub­lic without the need to show a le­git­im­ate in­terest. It shall pay due re­gard to the pro­tec­tion of per­son­al pri­vacy.

⁴ An ob­jec­tion based on ig­nor­ance of a land re­gister entry is in­ad­miss­ible.

¹ The can­tons may provide that all ac­quis­i­tions of im­mov­able prop­erty be pub­lished.

² They may not pub­lish the con­sid­er­a­tion in­volved in a di­vi­sion of es­tate, an ad­vance against a per­son’s share of an in­her­it­ance, a mar­it­al agree­ment or a li­quid­a­tion of mar­it­al prop­erty.

¹ Where the es­tab­lish­ment of a right in rem is sub­ject to entry in the land re­gister, such right has ef­fect in rem only if it has been entered.

² With­in the lim­its of such entry, the scope of a right may be es­tab­lished by sup­port­ing doc­u­ments or in some oth­er man­ner.

¹ Rights in rem are es­tab­lished and as­signed their rank and date by vir­tue of be­ing entered in the main re­gister.

² The entry has ret­ro­act­ive ef­fect as of its re­cord­ing in the journ­al, provided the sup­port­ing doc­u­ments re­quired by law are in­cluded with the ap­plic­a­tion or, in the case of pro­vi­sion­al entries, are sub­mit­ted in good time.

³ In can­tons where the re­gis­trar draws up pub­lic deeds by means of an entry in an of­fi­cial re­cord of title, such a re­cord con­sti­tutes entry in the journ­al.

¹ Any per­son who, re­ly­ing in good faith on an entry in the land re­gister, has ac­quired prop­erty or any oth­er right in rem in re­li­ance there­on, is pro­tec­ted in such ac­quis­i­tion.

² This rule does not ap­ply to bound­ar­ies of land in areas des­ig­nated by the can­tons as be­ing in per­man­ent danger of ground dis­place­ment.⁶⁸⁷

¹ If the entry of a right in rem is un­war­ran­ted, a third party who is or ought to be aware there­of may not rely on the entry.

² An entry is un­war­ran­ted if it is without leg­al basis or was made on the basis of an in­val­id trans­ac­tion.

³ A per­son whose rights in rem are in­fringed by such an entry may in­voke its de­fect­ive­ness dir­ectly against the third party act­ing in bad faith.

¹ If a prop­erty is di­vided, the ease­ments, pri­or­ity no­tices and notes for each di­vided part must be re­vised.

² The own­er of the prop­erty be­ing di­vided must ad­vise the land re­gister of­fice which entries to de­lete and which to trans­fer to the di­vided parts. If this is not done, the ap­plic­a­tion must be re­jec­ted.

³ Where an entry ac­cord­ing to the sup­port­ing doc­u­ments or the cir­cum­stances does not re­late to a di­vided part, it must be de­leted. The pro­ced­ure is gov­erned by the reg­u­la­tions on the de­le­tion of an entry.

¹ Two or more par­cels of land be­long­ing to one own­er may only be con­sol­id­ated if no mort­gage rights or real bur­dens have to be trans­ferred from the in­di­vidu­al par­cels to the con­sol­id­ated prop­erty or if the cred­it­or con­sents.

² If ease­ments, pri­or­ity no­tices or notes en­cum­ber­ing the prop­erty must be re­cor­ded, they may be con­sol­id­ated only if the be­ne­fi­ciar­ies con­sent or if their rights are not pre­ju­diced due to the nature of the en­cum­brance.

³ If ease­ments, pri­or­ity no­tices or notes be­ne­fit­ing the prop­erty real es­tate must be re­cor­ded, they may only be con­sol­id­ated if the own­er of the ser­vi­ent prop­erty con­sents or if the en­cum­brance is not in­creased by con­sol­id­a­tion.

⁴ The pro­vi­sions on re­vi­sion on the di­vi­sion of prop­erty ap­ply by ana­logy.

¹ Where an entry of a right in rem is un­war­ran­ted or a cor­rect entry has been de­leted or mod­i­fied in an un­war­ran­ted man­ner, any per­son whose rights in rem are thereby in­fringed may bring an ac­tion for de­le­tion or amend­ment of the entry.

² Rights in rem ac­quired in good faith by third parties re­ly­ing on the entry and claims for dam­ages are re­served.

The land re­gister may de­lete an entry ex of­fi­cio if the entry:

1.

is lim­ited in time and has lost its leg­al sig­ni­fic­ance as it has ex­pired;

2.

relates to a non-as­signable or non-her­it­able right of a de­ceased per­son;

3.

can­not af­fect the prop­erty due to the loc­al situ­ation;

4.

relates to a prop­erty that no longer ex­ists.

¹ If an entry in all prob­ab­il­ity has no leg­al im­port­ance, in par­tic­u­lar be­cause ac­cord­ing to the sup­port­ing doc­u­ments or the cir­cum­stances it does not re­late to the prop­erty, then any per­son en­cumbered may re­quest its de­le­tion.

² If the land re­gister of­fice re­gards the re­quest as jus­ti­fied, it shall in­form the be­ne­fi­ciary that it will de­lete the entry un­less he or she files an ob­jec­tion with land re­gister of­fice with­in 30 days.

¹ If the be­ne­fi­ciary files an ob­jec­tion, the land re­gister of­fice shall re­as­sess the re­quest for de­le­tion at the re­quest of the en­cumbered per­son.

² If the land re­gister of­fice con­cludes that the re­quest should be gran­ted des­pite the ob­jec­tion, it shall no­ti­fy the be­ne­fi­ciary that it will de­lete the entry from the main re­gister un­less the be­ne­fi­ciary brings a court ac­tion to de­clare that the entry is of leg­al sig­ni­fic­ance.

¹ If con­di­tions have changed in fact or law in a spe­cif­ic area and as a res­ult a large num­ber of ease­ments, pri­or­ity no­tices or notes have com­pletely or largely lapsed or if the situ­ation can no longer be de­term­ined, the au­thor­ity des­ig­nated by the can­ton may or­der a re­vi­sion in this area.

² This or­der must be noted in the cor­res­pond­ing land re­gister fo­li­os.

³ The can­tons shall reg­u­late the de­tails and the pro­ced­ure. They may fur­ther sim­pli­fy the re­vi­sion pro­ced­ure or is­sue reg­u­la­tions that de­vi­ate from fed­er­al law.

¹ Un­less the in­ter­ested parties con­sent in writ­ing, the land re­gis­trar may cor­rect the re­gister only in ac­cord­ance with a court or­der.

² In­stead of cor­rect­ing an un­war­ran­ted entry, the re­gis­trar may de­lete it and make a new one.

³ The land re­gis­trar may cor­rect ty­po­graph­ic­al er­rors of his or her own ac­cord in ac­cord­ance with reg­u­la­tions to be is­sued by the Fed­er­al Coun­cil.