Land Registry (Liechtenstein)

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The land registry is part of the Justice Department in the Principality of Liechtenstein , which maintains the public land registry that is endowed with public faith . In Liechtenstein, the land registry (Office for Justice) enters real estate , land and the real rights to them in the land register.

Tasks of the Liechtenstein land registry as part of the justice department

Development of the land register and land registry in Liechtenstein

In Liechtenstein, three main historical and organizational development phases can be distinguished (1/2/4).

Phases Time period organization
1 1809 to 1995/96 Land register management exclusively on physical data carriers (land register in paper form);
2 from 1996 to 2008 Systematic and legally standardized land register management on physical data carriers with computer support (land register in paper form [main and main diary], keeping the diary, property description and auxiliary registers computer-assisted [computer is only an aid]); In order to test the practicability of the system for a comprehensive EDP land register, parts of the land register for the communities of Eschen , Ruggell and Balzers were changed in 2002 .
3 from October 1, 2000 The land registry is merged with the public register (since February 1, 2013: commercial register ) to form the land and public register office (now part of the Office of Justice )
4th starting 2008 EDP ​​land registry (all legally relevant data and auxiliary data are recorded electronically and are stored on at least two completely independent data carriers (data mirroring)). Land register documents are still available in physical form.
5 from February 1, 2013 The land registry will be part of the newly created Justice Department;

Procedural law in land register matters

Responsibility in land register matters for real estate according to Art 19 SR in conjunction with Art 32 PILA lies with the Liechtenstein authorities or courts.

Unless otherwise expressly provided by law, the Princely Regional Court in Vaduz is responsible. In land registry matters, however, the land registry is usually responsible.

As part of the Office of Justice, the land registry is an office of the state administration in accordance with the Administrative Organization Act. Since the amendment of the SR in 2008 and the repeal of Art 101 No. 3 SchlT SR, the land registry has primarily applied the State Administrative Maintenance Act in land register matters, unless the application of another procedural code is expressly ordered.

Publicity principle

The land register is public. The land registry therefore, if someone can substantiate a legitimate interest, is obliged to allow anyone to inspect certain pages of the land register or to prepare and issue extracts from them.

Telephone information from the land registry is provided without any guarantee for its correctness and completeness.

Legal basis

The most important legal bases for the Office of Justice (formerly: Land and Public Register Office) for keeping the land register:

  • Land Register Ordinance
  • Building Act
  • Real Estate Act
  • State administration maintenance
  • Monument Protection Act

Contact

Office of Justice (AJU),

Äulestrasse 70,

P.O. Box 684,

9490 Vaduz,

Web links

literature

Sources and References

  1. ↑ Based on : Antonius Opilio , "Liechtenstein Property Law", Volume II, EDITION EUROPA Verlag, Dornbirn 2010.
  2. With this form of land registry, the general ledger and main diary must always be available in physical form (can be displayed without technical aids).
  3. Formerly referred to as a property description, see Art 524 Paragraph 1, 568 Paragraph 1, 569, 571 SR old ; Art 62 and 64 SchlT SR old . The property description contains z. B. the place name of an area, the reference to a building erected on a property, information about the type of culture, etc. (see Art 5, 8 to 10 GBV).
  4. government approval of 7 March 2002, RA 2002 / 704-1630.
  5. Art 32 PILA : "Real rights, including the possession of an immovable property, are judged by the rights of the place where it is located".
  6. Art 33 para. 1 PILA: "Real rights, including ownership of land, as well as mandatory obligations relating to such, require the form prescribed by the law of the place of the property".
  7. Art 8 para. 1 SR.
  8. See for example Art 559 Paragraph 2; Art 73 para. 3 GBV - Regional Court.
  9. Art 3 para. 1 GBOERA-G.
  10. Final title on property law.
  11. Law of April 21, 1922 on general state administration (the administrative authorities and their auxiliary bodies, the procedure in administrative matters, the administrative compulsory and administrative criminal proceedings - LVG), LGBl 24/1922.
  12. Art 533 ff SR.
  13. Ordinance of November 4, 2008 on the land register (GBV), LGBl. 267/2008.
  14. Building Act (BauG) of December 11, 2008, LGBl. 44/2009.
  15. Basic Transport Act (GVG) of December 9, 1992, LGBl. 49/1993.
  16. Law of April 21, 1922 on general state administration (the administrative authorities and their auxiliary bodies, the procedure in administrative matters, the administrative compulsory and administrative criminal proceedings), LGBl. 24/1922.
  17. Monument Protection Act of June 14, 1977, LGBl. 39/1977.