Page after page of names and numbers—although the term comes up often, many people are still unclear about what the land register is and what information it contains. In short, it is a central registry of all parcels of land in a district or municipality. The individual land registry pages list basic property information such as location, owner, and rights and obligations. However, access to the registry is restricted to individuals with a “legitimate interest.” We’ve compiled everything else you need to know about it here for you.
From Parcel Number to Mortgage
The land register begins with a heading that specifies the competent local court, the land register district, the land register volume, and the file number. This is followed by the inventory, which describes the location, parcel number, and cadastral district using an official map, so that prospective buyers can verify, upon request, exactly where the property’s boundaries lie.
At the heart of this land registry are the so-called sections. The first section contains information about the owner or the holder of a hereditary building right. In cases where multiple persons are listed as owners, the land register also describes the ownership shares. In addition, it includes the grounds for registration—for example, the transfer of title, which describes the transfer of ownership. The second section answers the question of who is authorized to dispose of the property. This pertains to easements and third-party rights of disposal, such as the use of a path or usufruct. Prospective buyers can request an extract from this section as needed to verify this information. This section also includes any insolvency notes and encumbrances. The third section lists any real property liens. It states, for example, that the bank obtains the right to the property in the event that the loan cannot be repaid. An example of such a foreclosure is a forced sale.
At a Glance
With the exception of Baden-Württemberg, the land registers of the respective districts are administered by the local courts and have been digitized since 2009. This means it is no longer necessary to visit the local authority in person to view the register. Instead, an extract can be requested online for a fee. The cost for a non-certified extract is usually around ten euros. For data protection reasons, however, access is restricted exclusively to property owners, individuals listed in the land register, or those with a “legitimate interest.” This includes potential buyers, creditors, as well as financial institutions and notaries. The reason: Before granting a loan, the bank checks for any encumbrances on the property.
The Entry
A condition for entry in the land register is that the purchase agreement be submitted in notarized form. This also applies in cases of gifts or inheritances. The costs are based on the purchase price. In addition, there is the priority notice of conveyance. This ensures that, during the purchase, the owner does not simultaneously sell the property to other interested parties. Furthermore, it allows the price to be finalized upon entry in the land register—that is, upon transfer of ownership.
