The Declaration of Ownership Form is a fundamental legal instrument in Swiss property law, used to formally establish and document property ownership. This document is required in various contexts, including property registration, ownership transfers, mortgage applications, and official record-keeping. The form must comply with the Swiss Civil Code (particularly Articles 641-977 on property law) and relevant cantonal regulations. It serves multiple purposes: establishing clear title to property, facilitating property transactions, supporting mortgage applications, and maintaining accurate property records. The declaration typically includes comprehensive details about the property, ownership structure, encumbrances, and any special conditions or restrictions. Given Switzerland's strict property laws and registration requirements, this document must be precisely drafted and often requires notarization to be legally valid.
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1. Declaration Header: Official title, date, and place of declaration
2. Declarant Details: Full legal name, date of birth, nationality, and current address of the person(s) making the declaration
3. Property Identification: Detailed description of the property including address, land registry details, and cadastral information
4. Ownership Statement: Clear statement of ownership claim, including the basis of ownership (e.g., purchase, inheritance, gift)
5. Title History: Brief chronology of how the ownership was acquired, including previous owners if relevant
6. Encumbrances Declaration: Statement regarding any existing mortgages, liens, or other encumbrances on the property
7. Truthfulness Declaration: Formal statement confirming the truth and accuracy of the declaration
8. Signature Block: Space for signature(s), date, and notary authentication if required
1. Co-Owner Details: Required when property has multiple owners, including ownership shares and relationships
2. Special Conditions: Any special conditions or restrictions affecting the ownership
3. Power of Attorney: Required when the declaration is made by an authorized representative
4. Foreign Ownership Declaration: Required for foreign owners under Lex Koller regulations
5. Spousal Consent: Required when the property is part of matrimonial assets
6. Tax Declaration: Statement regarding property tax status and compliance
1. Property Documentation: Copies of land registry excerpts, cadastral plans, and property details
2. Ownership Evidence: Supporting documents proving ownership (purchase contract, inheritance certificate, etc.)
3. Identity Documents: Copies of passport/ID and other relevant identification documents
4. Encumbrance Certificates: Official certificates showing any registered encumbrances
5. Previous Ownership Records: Documentation of previous ownership transfers if relevant
6. Authorization Documents: Power of attorney or other authorization documents if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking & Finance
Legal Services
Public Administration
Property Management
Construction & Development
Investment & Asset Management
Agriculture (for agricultural land)
Hospitality & Tourism
Industrial & Manufacturing
Relevant Teams
Legal
Real Estate
Property Administration
Compliance
Asset Management
Registration & Records
Tax & Finance
Investment
Administrative Services
Risk Management
Relevant Roles
Property Lawyer
Real Estate Manager
Notary Public
Legal Counsel
Property Administrator
Land Registrar
Compliance Officer
Asset Manager
Real Estate Agent
Tax Advisor
Property Assessor
Legal Administrator
Title Officer
Property Developer
Investment Manager
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