Everything you need to know

The land register is an indispensable register for every property owner. It is the official profile of a property and records what it is like, who the legitimate owner is, what charges it bears and what rights are associated with it. Anyone who knows the contents of their land register can confidently navigate the sea of ​​rights and obligations and can make well-founded decisions. In this article we will give you an overview of everything you need to know about the land registry.

What is the land register?

In Germany the land register is kept by the land registry offices. It contains all important information on legal relationships with real estate. This includes, in particular, ownership relationships, encumbrances and restrictions such as mortgages, land charges, rights of way and rights of first refusal. It serves to protect real estate ownership and is of great importance for legal certainty in real estate transactions. Entries in the land register enjoy public trust, which means that they are considered correct by everyone, unless proven otherwise. It is reserved for the public – Anyone who wants to consult the land register must be able to demonstrate a legitimate interest.

What information does the land register contain?

The land registry is divided into different sections called departments. Each department is dedicated to a different area of ​​real estate law. They were composed as follows:

1. Inscription or title page: The district court, district number, volume and page number of the land register are indicated here
2. Inventory: This list lists the location, size and type of property (e.g. residential property, agricultural land) as well as the rights associated with the property
3. Division I: The first section lists the owner or owners of the property, along with the legal basis for acquiring the property (e.g. purchase contract, inheritance).
4. Division II: This section includes charges and constraints such as: B. Rights of way, rights of pre-emption or hereditary development rights. Real estate encumbrances are excluded
5. Division III: Real estate liens such as mortgages and land charges are listed here

Where can the land register be consulted?

The land register can be inspected at the land registry office of the relevant local court, but only by persons with a legitimate interest. This includes owners, notaries, creditors or potential buyers who can demonstrate a legitimate interest, e.g. B. via preliminary contract. Notaries offer an easy way to access information and can act on behalf of their clients. In some federal states, online portals allow access to the real estate register to professional users such as lawyers and notaries who may express an interest. Lawyers can consult the land register on behalf of their clients. A legitimate interest must always be demonstrated in order to protect the personal rights of the owners and regulate access to sensitive information.

When is it necessary to change the land register?

Entries in the real estate register must always be updated when the legal status of a property changes. This can lead to several situations:

• The most common change is the Change of ownership. When a property is sold, donated or inherited, the new owner must be registered in the land register. The previous owner’s entry will then be deleted.
• Registering a new one Burden as one mutual or land charges to secure loans require registration. Also the elimination of such burdensif e.g. B. the repayment of the loan must be recorded in the land register.
• Change of rights such as B. the registration, modification or cancellation of rights over a property (e.g. right of way, usufruct)

• Bug fixes OR Changes in the name or size of the property
• Division or combination of multiple properties

• Pre-emptive rights for some beneficiaries or for the public sector

• Establishment and cancellation of hereditary building rights: Hereditary building right, which allows someone to build on someone else’s land and legally use this building, as well as cancellation of hereditary building right must be registered in the land register.

Changes can usually only be made by an authorized notary. For small adjustments or corrections it is necessary to submit an application to the competent land registry office. This checks the applications and makes the appropriate recordings or deletions. The up-to-dateness and correctness of the land register are fundamental because they guarantee legal certainty in real estate transactions. It is therefore important to keep all information up to date.

How much does registration in the land register cost?

The costs for land registry registration vary depending on the size and price of the property. Serve as a guideline From 1.5 to 2.5% of the purchase price. This percentage is made up of notary fees, which represent 1 to 2% of the purchase price, and actual land registry fees, which amount to approximately 0.5%. The rectification is free if the registration application is submitted to the land registry office within two years of succession.

For further reading

One of the most important steps on the path to homeownership is estate planning. It is important to think ahead and take future plans into account as well. In our blog post “Estate Planning: What You Need to Consider” you will find out everything you need to know about it. Feel free to read it.

Haven’t found the right property yet? Here too we have the right advice for you. Check out our blog post “We’re looking for a property: how to find the right building land”. Have fun reading.