Land Register: Contents, Rights & Obligations

I. Introduction

Definition of the term "Land Register"

The land register is a public record that contains information about the ownership of land and real estate. It documents the rights and obligations associated with the ownership of a property or land and serves as proof of ownership. The land register is a crucial part of German property law and plays a significant role in property transfers and financing.

Importance of the Land Register for Owners and Buyers

For owners, the land register is essential as it documents their rights and obligations as property owners. It provides information on the size and location of the property, as well as potential encumbrances and restrictions. Proper and complete registration in the land register ensures that the owner can dispose of and sell their property without disputes or legal uncertainties.

For buyers, the land register is equally important as it is a key source of information when reviewing a purchase. It provides details on the legal status of the property and any encumbrances that may affect its value. Carefully reviewing the land register before purchasing can help minimize risks and ensure the purchase is economically sound.

II. What is the Land Register?

What exactly is a land register?

The land register is a public record that documents the legal relationships concerning a piece of land or property. It contains information about the owner, their rights and obligations, and a description of the land, including any encumbrances or charges placed on it.

The land register is maintained by the local land registry office and is publicly accessible. Anyone can request information from the land register, and it serves as legally binding proof of ownership. Changes to the land register, such as an ownership transfer, are managed and recorded by the land registry office.

The land register is crucial for both buyers and property owners as it records legal rights and claims over land or property. It is also significant for banks and other financial institutions that rely on the land register for information when financing a property.

What is the land register in simple terms?

The land register is a public document that records the ownership of real estate. It contains information about the owner, any encumbrances (such as mortgages), and other rights and obligations tied to the property. Anyone buying or selling real estate should check the land register to ensure that ownership is properly transferred and there are no problematic entries or issues. The land register is managed by local district courts and can be viewed by anyone.

Legal foundations of the land register

The legal basis of the land register is regulated by the German Civil Code (BGB) and the Land Register Act. The Land Register Act defines the duties and rights of the land registry office and registrar and governs the entries and changes made in the land register.

The land register documents legal relationships associated with ownership of a property or land, such as ownership rights, usufruct rights, easements, encumbrances, and obligations of the owner.

In addition to the Land Register Act, other laws and regulations, such as building laws, inheritance and gift laws, administrative laws, and tax laws, also influence entries and checks in the land register.

Contents of the land register

The land register consists of various entries that contain information about the ownership of a piece of land or property. The following details are usually included:

1. Description of the land: This includes information about the size, location, shape, and boundaries of the land, as well as adjacent streets, waterways, and buildings.
2. Owner information: The names and addresses of the owners are listed.
3. Rights and encumbrances: This section contains details about all rights and obligations tied to the property, such as usufruct rights, easements, and other burdens.
4. Inheritance and gift records: Inheritance and gift proceedings, as well as wills that affect property ownership, are documented here.
5. Financial records: Information about mortgages, land charges, and other financial obligations connected to the property is included.

These are the primary details contained in the land register, though specific information may vary by federal state and region.

How can I access the land register?

The land register can be accessed by anyone, but a written request must be submitted to the relevant land registry office. The request can be made in person, by post, or online via a suitable platform.

To submit a request, you must provide the following details:

1. Address of the land or property
2. Name of the owner
3. Land register district or land register number

The land registry office will then provide a copy of the entry, which contains all relevant information. You may also be able to view the land register directly at the office, for a fee.

It is important to note that the land register is a public record, meaning third parties can also view it. It’s crucial to check that all information in the land register is accurate before buying or selling a property.

Who is allowed to access the land register?

Anyone can access information about who is listed as the owner of a property or land in the land register. It is a public record and can be viewed by anyone.

However, to obtain a copy of the entry, you must submit a written request to the relevant land registry office. This request can be made in person, by post, or online.

Does the land register show who owns a house?

Whoever is listed as the owner in the land register is considered the legal owner of the property. The land register is a public record that confirms the rightful ownership of land or property.

When a property is sold, the transfer of ownership is recorded in the land register, ensuring that all rights and obligations associated with ownership are passed on to the new owner.

It is important to note that there may be situations where someone possesses a property but is not listed in the land register as the owner. In such cases, legal disputes may arise, and it is advisable to consult a lawyer.

III. Importance of the Land Register for Owners

Legal claims from the land register

The land register serves as proof of legal ownership of a property or land, thereby providing the owner with legal rights:

1. Ownership rights: Being listed as the owner in the land register gives the individual the right to possess, use, and dispose of the property.
2. Right to transfer: The owner has the right to sell, rent, or transfer the property.
3. Protection from enforcement: The owner can take legal action against third parties who use or damage their property without permission.
4. Mortgage: If the owner takes out a mortgage on the property, this is recorded in the land register, allowing the creditor to enforce claims against the property if the owner defaults on payments.

It is important to note that the land register only provides information about legal ownership. Disputes may arise if someone possesses a property without being listed as the owner. In such cases, legal advice should be sought.

Owner obligations in the land register

Owners of property listed in the land register have the following obligations:

1. Tax obligations: The owner must pay applicable property taxes, building taxes, or ownership taxes.
2. Maintenance obligation: The owner must keep the property in good condition and carry out necessary repairs.
3. Transfer of rights and obligations: When selling the property, the owner must transfer all rights and obligations associated with the property to the new owner.
4. Compliance with laws and regulations: The owner must ensure that the property complies with applicable laws, including building codes, environmental laws, and fire safety regulations.
5. Compliance with neighborly duties: The owner must ensure that their use of the property does not infringe on the rights of their neighbors.

Changes in the land register and their impact on the owner

Changes in the land register can affect the property owner. Some examples include:

1. Transfer of ownership: When a property is sold, the land register must be updated to reflect the new owner, which can affect tax obligations and ownership rights.
2. Encumbrances: If a mortgage or other encumbrance is recorded, it can impact the owner’s financial situation and ability to fund repairs or renovations.
3. Restrictions: If restrictions or conditions affecting property use are recorded, they can influence the owner’s financial and legal responsibilities.

IV. Importance of the Land Register for Buyers

Reviewing the Land Register before Purchase

Before purchasing a property, it is essential to review the land register to obtain important information about the property and its legal status. Here are several reasons why checking the land register before buying is recommended:

1. Ownership Status: The land register provides information about the current owner of the property and whether there are any third-party claims that may affect ownership.
2. Encumbrances and Obligations: It reveals whether there are any encumbrances, such as mortgages, land charges, or other burdens on the property that could impact its financing.
3. Restrictions: The land register shows if there are any restrictions or conditions affecting the right to use the property, such as building regulations or construction limitations.
4. Legal Issues: It can also indicate ongoing legal issues, such as court decisions or legal proceedings, that may impact the ownership of the property.

A review of the land register can be conducted by a lawyer, notary, or appraiser. It is advisable to complete this review before making a purchase to ensure that you are fully informed about the property's legal status and to avoid unpleasant surprises.

Which Law Governs the Land Register?

The German land register is governed by the Civil Code (BGB) and the Land Register Act (Grundbuchordnung). These laws regulate the legal foundations for maintaining and managing land registers, as well as the procedures for changing the register, such as when buying or selling a property.

Procedure for Changing the Land Register

Changes to the land register are handled by the responsible land registry offices. These changes include entries, deletions, or corrections in the land register when there are changes in the ownership of a property. The change must be supported by a notarial deed or a court decision. Afterward, an application to change the land register can be submitted. The land registry office reviews the application and decides whether to approve the change. The modification is entered into the land register once all requirements are met.

Relevance of the Land Register for Financing the Purchase

The land register plays a crucial role in the financing of a property purchase because it contains important legal information about the property that is essential for banks and other lenders. The following points are relevant:

1. Ownership Status: Banks and lenders need to ensure that the ownership of the property is clearly defined before they approve financing.
2. Encumbrances: Lenders check the land register to ensure there are no other creditors with claims on the property, which could affect its financial viability.
3. Legal Issues: Lenders need to confirm that there are no legal disputes or court rulings that might impair ownership of the property.
4. Obligations: Lenders must verify that there are no obligations that could affect the property’s ownership or use.

A thorough review of the land register is essential for banks and lenders to ensure that financing the purchase is secure and feasible. Therefore, it is crucial to check the land register before obtaining financing to avoid potential problems and complications.

Risks of Incomplete or Incorrect Entries in the Land Register

If there is an incomplete or incorrect entry in the land register, this can lead to significant risks for owners, buyers, and other interested parties. Some of these risks include:

1. Uncertainty about Ownership: Incomplete or incorrect entries can create uncertainty about ownership, which may lead to legal disputes and conflicts later on.
2. Problems with Sale: A faulty or incomplete entry may hinder or even prevent the sale of the property.
3. Unrecognized Encumbrances: Errors in the land register may cause encumbrances on the property, such as mortgages or charges, to go unnoticed, leading to financial losses for the owner.
4. Legal Problems: Incorrect entries can result in legal issues that might affect or jeopardize ownership of the property.

To avoid these risks, it is important to regularly review the land register to ensure that it is up-to-date and accurate. If an error or incomplete entry is found, it should be corrected immediately to ensure legal certainty and protect ownership.

V. Overview of German Land Register Law

Responsibilities in Land Register Matters

In land register matters, different authorities are responsible depending on the type of issue that needs to be addressed.

Land registry offices are responsible for maintaining and managing the land registers and processing applications for entries and changes in the register.

The district court (Amtsgericht) has jurisdiction over legal disputes related to the land register, including the review and modification of entries.

In financial matters related to the land register, responsibility lies with the tax authorities (Finanzämter) or a bank or savings bank (Sparkasse), depending on the individual circumstances.

Where and how is the land register law regulated?

German land register law is regulated by the Civil Code (BGB) and the Land Register Act (Grundbuchordnung). These laws establish the legal foundations for maintaining and managing land registers. Additionally, local regulations and ordinances may apply, determining the implementation of land register law in individual federal states. Procedures for changes in the land register, such as during the purchase or sale of a property, are also governed by these laws. Jurisdiction for land register matters lies with the district courts (Amtsgerichte).

VI. Conclusion

Summary of the Key Points

The land register is a public record that documents property ownership. It is governed by the Civil Code and the Land Register Act. Responsibility for land register matters lies with the appropriate land registry offices. Changes in the land register can occur due to changes in property ownership and must be justified by a notarial deed or court order. The procedure for updating the land register includes submitting an application, review by the land registry office, and entry into the register once all requirements are met.