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Old 02.03.2020, 09:15
Medea Fleecestealer's Avatar
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Registre foncier federal de la commune - Nouvelle mensuration parcellaire

The State Council of the Canton of Fribourg has, on 9 December 2003, in accordance with article 14 of the law of 28.2.1986 on the land register, ordered the establishment of the federal land register of the municipality of Misery. Work began in September 2019.

Essentially, the aim is to transfer the rights entered in the old documents to the new land register documents (i.e. on computer media). On this occasion, owners and other interested parties will be asked to come to the land registry office to note this postponement. Beforehand, however, it is important to find out whether all existing rights are entered in the land register.

Therefore, if you claim to have rights on a property located within the perimeter of the cantonal cadastre (the villages of Misery, Cormerod and Cournillens) which are not registered before the entry into force of the Civil Code (i.e. before 1.1.1912), you are invited to apply for registration; you should send us a written request by April 30, 2020 at the latest.

Requests must be accompanied by available evidence, such as deeds of sale, easement contracts, etc., or, if possible, other means of proof, such as testimonials for example. These requests should contain sufficient details as to the nature and purpose of the rights produced (nature of the easement, place where it is exercised). If necessary, we will contact you at a later date to give your request the necessary follow-up.

If you do not send us a request within the time limit indicated above, you will have to go directly to the judge to obtain the registration of your right. The rights in question, referred to in Art. 44 para. 2 of the Final Title of the Civil Code, will be definitively abolished if they have not been registered or provisionally registered within two months of the publication of the decision to bring the Federal Land Register into force.

We are at your disposal to provide you with any further information you may require and we ask you to accept, Sir, the expression of our sincere consideration.
Translated with www.DeepL.com/Translator (free version)

We've got an appointmemt next week to do this, but I'm not sure what exactly they might need. I've got a copy of the sales contract and Cedule Hypothecaire and will dig out the addresses for the bank for the mortgages and also the pension fund address since we used some of that as a deposit, but if there anything else we're likely to need to bring with us? The letter accompanying the document only states "Please bring a valid identification document (identity card, passport or driver's license). Finally, you will be asked to give us, if necessary, the addresses of the holders of easements and rights of lien."

Anyone else done this for their commune/gemeinde and have any insights to the process?
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Old 02.03.2020, 13:08
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Re: Registre foncier federal de la commune - Nouvelle mensuration parcellaire

Yes- it is not just Fribourg, but the whole os Switzerland. It was confirmed our fields are non constructible- but we have been given permission to plant for a horse stable at the side of the house- as this would be an ideal property to be sold eventually as equine property/stables or kennels, etc.
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Old 02.03.2020, 13:53
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Re: Registre foncier federal de la commune - Nouvelle mensuration parcellaire

So what did you need to take in the way of documents Odile if any?
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Old 02.03.2020, 17:17
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Re: Registre foncier federal de la commune - Nouvelle mensuration parcellaire

Went to the Commune to talk to the administrator whom I know well. He had all the records- sorted it out with him and filled in the forms.
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Old 02.03.2020, 17:21
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Re: Registre foncier federal de la commune - Nouvelle mensuration parcellaire

We just got letters about it today, I haven’t had a chance to read everything yet but it seems pretty straightforward to me.
Will report back later when I’ve perused everything.
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Old 02.03.2020, 17:33
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Re: Registre foncier federal de la commune - Nouvelle mensuration parcellaire

Very simple if you are not questionning or wanting to go against their decision- but could be very complicated i you want to challenge 'non-constructible' decision, as a lot of money could be involved, and possible compensation (but the pot is very small).

In our case, we could put 'pods' in the field for holiday makers, as long as not foundations and plumbing, and showers and WCs in the house or dry WCs.
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Old 09.03.2020, 21:01
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Re: Registre foncier federal de la commune - Nouvelle mensuration parcellaire

Update on this; went pretty smoothly and only took about 20 minutes or so. Even discovered we have something to do with the right of access of the lane running up and behind our neighbours' houses. Knew one neighbour has the right of access over our driveway to get into his driveway, but didn't know about the other one. Didn't really need any of the documents though we did refer to the sales contract about the above, although they already had it on their records.

We had a laugh when they showed the people before us out of the office because it was our neighbour. Lots of laughs, hellos and goodbyes.
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