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Founder Christian Dürr
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Isar Estate

Founder: Dipl.-Kfm. Christian Dürr

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    Land register entry explained in detail

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    Would you like to sell or buy a house or condominium? The land register and the respective land register entry contain a lot of important information. It is not just the name of the owner and the exact location and size of the property that are important. Any encumbrances due to debts, existing mortgages and possible restrictions such as rights of way are also important. Only authorized persons can request an extract from the land register or have a land register entry made.

    Table of contents

    What is the land register? Its importance in Germany

    The land register is a public register that lists all land and buildings in a particular district and is kept at the relevant land registry office.

    The exact functions of the land register are:

    • Proof of ownership: information on the legal owners of a property
    • Documentation of third-party rights: shows encumbrances such as land charges or rights of way
    • Legal clarity and security: Enables legally secure purchasing and financing.
    • Public faith: Entries are considered correct and binding for third parties.
    • Basis for transfers of ownership: Change of ownership only effective upon registration.
    • Information source: Notaries, banks & buyers receive documents for real estate transactions

    With its functions, the land register is considered the heart of every real estate transaction, as it documents all ownership relationships and relevant encumbrances of a property via land register entries and offers buyers and sellers alike legal certainty.

    The legal basis of the land register

    The basis for keeping the land register is the Land Register Ordinance Act (GBO). Responsibility for its administration lies with the local land registry offices, which are usually attached to the respective district courts. The offices are responsible for conscientiously making every land register entry and keeping the register up to date at all times.

    Close-up view of a row of red file folders

    How is the land register structured in Munich and nationwide?

    The term "land register" can be somewhat misleading, as it is not a bound book, but a collection of individual land register pages. As a decentralized register system, it is kept, as already mentioned, by the individual offices for each municipality or land register district. Numerous land register pages exist within this register. For some years now, the digitization of the collections has been driven forward using scanners. The structure and content of the land register entries remain unchanged in the electronic version.

    The structure of a land register sheet is always the same and is divided into five sections:

    1

    The inscription or cover sheet
    The competent local court/land registry office, the land register district and the land register number are stated here. In addition, there may be a reference to the digital continuation, a release note by the clerk and a footnote with the date of the last land register entry or change.

    2

    The inventory
    It contains a description of all properties and partial areas for which the respective land register sheet is kept. If a person owns several properties, a joint land register sheet can be created for them. The inventory contains information on the district, parcel, plot, location, size and type of business (residential, agricultural or commercial). Furthermore, land register entries on encumbrances and restrictions such as any rights of third parties are entered here.

    3

    Section I
    The first section contains data on the owner (name, date of birth and address), type of ownership (sole or co-ownership) and the corresponding legal basis (purchase agreement, certificate of inheritance).

    4

    Section II
    All encumbrances and restrictions on a property are noted in the second section. These land register entries confirm, for example, heritable building and pre-emption rights or usufruct, neighbors' rights of way, forced sale and insolvency notices or the listed status of buildings.

    5

    Section III
    This section contains entries for any mortgages or land charges encumbering the property or the real estate on it. A mortgage expires when the associated loan is repaid. A land charge, on the other hand, remains in place until it is deleted from the land register.

    What does an extract from the land register look like? Content, structure and meaning

    Now you may be wondering what exactly a land register extract is. It is a copy that contains all the relevant information about a property. It is required, for example, when selling a house in Munich so that the buyer and seller can obtain clarity about the ownership structure and relevant land register entries regarding rights and encumbrances. The extract includes the inventory and sections I to III.

    When selling a property, the extract from the land register serves as proof of ownership and that the property is unencumbered. It is essential for buyers to check the extract. However, while this is merely a copy of the current entries, the land register entry means an official change in the register. Both areas have their own legal significance and are important for different purposes.

    Viewing an extract from the land register: How and where can I apply for one?

    Anyone with an official authorization can request an extract from the land register from the relevant land registry office. As a rule, the following are authorized:

    • Owner of the property (unrestricted right)
    • Notaries as part of their work (e.g. for purchase contracts, gifts, inheritances)
    • Lawyers with power of attorney from the owner or e.g. in the event of foreclosure/heirship disputes
    • Courts and authorities, if they can prove an official interest
    • Broker with written authorization from the owner
    • Prospective buyers with written authorization from the owner or via the estate agent/notary
    • Creditors to check liens on real property in the event of financing or foreclosure
    • Heirs or estate administrator with proof of heir status (e.g. certificate of inheritance)
    • Executor and guardian with appropriate authorization (court order)

    You can apply to inspect the land register in person, by post or online. If you obtain information about the contents of the land register, you are obliged to treat all data confidentially and to use it only for the purpose for which it was requested.

    If you would like to apply for a land register extract online, proceed as follows:

    • Visit the website of the relevant land registry/certified online provider.
    • Enter the relevant information about the property in the form.
    • Confirm your identity - for example using the Postident or eID procedure.
    • Pay the costs for the inspection.
    • After successful payment, the request for inspection is transmitted online.
    • The extract from the land register is usually sent to you by post.

    Viewing an extract usually costs between 10 and 20 euros. Commercial requests can be more expensive, as additional documents or certified extracts are often required. A free land register extract is only possible in exceptional cases, for example for authorities or courts.

    Land register extract online - advantages, security and data protection

    An online application saves you time and effort because you can submit it conveniently at home and don't have to go to the land registry or post office. It is also often sent more quickly.

    However, it is important that you only use official or certified platforms to apply for the extract online and find out about land register entries. This will help you avoid dubious offers and possible attempts at fraud. To ensure that your data is treated securely and confidentially, you should pay attention to common security standards such as SSL encryption. We will be happy to advise you if you are selling a property in Munich.

    Two hands are holding a key with a house pendant in the middle of the picture.

    What is a land register entry and how does it work?

    Every land register entry also means the official recording of a change or additional information in the land register for the land registry in Munich. This can be, for example, a change of ownership, the entry of a mortgage or the deletion of a right of way. It is normally initiated via a notary. When a property is sold, the notary notarizes the purchase contract and applies for the transfer of ownership at the relevant land registry office. The prerequisite for the new land register entry is the full payment of the purchase price and the exclusion of other legal obstacles.

    Who can have a land register entry made?

    The land register entry can also only be made on application. Persons with a legal interest, such as owners or creditors, are entitled to do so. The application for registration must always be made in writing and processed by the relevant land registry office. The application is usually submitted by the notary, who prepares and submits the necessary documents. A real estate agent often assists with this. In addition, he or she will assist with the sale of an apartment in Munich up to the notarized purchase agreement and beyond.

    Land register entries can be quite complex and sometimes difficult to understand. This is another reason why it is advisable to seek professional advice.

    What does a land register entry cost?

    The costs for entry in the land register throughout Germany are based on the value of the property and generally amount to 1.5 to 2 percent of the purchase price. They are made up of the notary fees and the land registry fees.

    An important part of the real estate purchase in this context is the priority notice of conveyance. It secures the buyer the right to be entered in the land register as the future owner and protects them from other sales of the property. We will be happy to provide you with detailed information on the costs of your land register entry in Munich during our collaboration.

    A smiling young couple with a child listens to a blonde lady pointing to a document.
    Black and white portrait of Christian Dürr, founder of Isar Estate.

    We provide information on the land register - in Munich and the surrounding area

    Do you have questions about a land register entry or the respective extract? Let an experienced real estate agent from Munich advise you. We at Isar Estate will listen to you carefully and give you individual recommendations for action. We look forward to getting to know you.

    Dipl.-Kfm. Christian Dürr
    Founder Isar Estate

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    FAQ on land register entry when buying real estate

    When is the land register entry made when purchasing real estate?

    Once the purchase agreement has been notarized, the notary will take care of initiating the registration process. However, this does not take place immediately, but only when:

     

    • all contractually agreed conditions are fulfilled (e.g. purchase price payment)
    • the clearance certificate from the tax office is available
    • any approvals or deletions in the land register have been completed

     

    The land register entry is then usually made several weeks to a few months after the purchase contract is signed.

    Who takes care of the entry in the land register?

    In practice, the notary takes care of this completely. He applies for the entries at the relevant land registry and ensures that all requirements are met. As estate agents, we keep you up to date during this phase and prepare all the necessary documents in advance.

    How long does a land register entry take?

    The duration varies depending on the region and the workload of the land registry. Usually 4 to 6 weeks in well-organized land registries and 8 to 12 weeks in regions with a high volume of applications or complicated cases. As estate agents, we keep an eye on all deadlines together with the notary and inform you as soon as the entry has been made.

    What is a priority notice of conveyance - and why is it so important?

    The priority notice of conveyance is a provisional security in the land register in favor of the buyer. It is entered after the notary appointment and prevents the seller from selling the property a second time or encumbering it with further rights. You are therefore on the safe side until the final land register entry has been made.

    Disclaimer

    Despite careful research and checking of the sources, the author assumes no liability for the accuracy and completeness of the information presented. In case of unclear legal and tax questions, it is advisable to consult a lawyer and/or tax advisor for clarification.

    Author: Dipl.-Kfm. Christian Dürr