Everything you need to know about the land register

The land register is an important document for property owners and potential buyers. Our guide explains all the important facts about its structure, contents and functions as well as the costs of a land register entry and how to apply for a land register extract.

Whether you want to sell or buy a house or a condominium - the land register contains the information you need. This includes, for example, the name of the owner, the exact location and size of the property, any debts and existing mortgages as well as possible restrictions such as rights of way. As an authorized person, you can request an extract from the land register at any time.

What exactly is the land register?

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

Any person with a legitimate interest - for example the owner, creditor or notary - can have entries made in the land register. An entry in the land register must always be made in writing and is the responsibility of the relevant land registry office. If you want to buy a property, you can apply to the land registry for an extract from the land register to obtain information. You will usually have to pay a fee for the application.

However, land register entries can be quite complex and sometimes difficult to understand. It is therefore advisable to seek advice from professionals such as a notary or estate agent.

Legal basis and administration of the land register

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

Organization and structure of the land register

The term "land register" can be somewhat misleading, as it is not a bound book, but a collection of individual land register pages. For some years now, all land registries have been digitizing the land register by scanning it, so that the structure and content remain unchanged in the electronic version.

The structure of the land register is always the same and is divided into five sections. These are

The inscription or cover sheet

The responsible 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 of the land register, a release note by the clerk and a footnote with the date of the last change.

The inventory

It contains a description of all properties for which a 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). Encumbrances and restrictions such as any third-party rights to the property, easements or rights of way are also entered here.

Division I

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

Division II

All encumbrances and restrictions on a property are noted in the second section. Encumbrances include, for example, heritable building rights and pre-emption rights or usufruct, while restrictions include neighbors' rights of way, forced sale and insolvency notices or the listed status of buildings.

Division III

Here you will find 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. However, a land charge exists until it is deleted from the land register.

Entry in the land register

Every land register entry means the official recording of a change or additional information in the land register. This can be, for example, a change of ownership, the entry of a mortgage or the deletion of a right of way.

Normally, an entry in the land register is made by a notary. When a property is sold, a notary must notarize the purchase contract and apply for the transfer of ownership at the relevant land registry office. The prerequisite for this is that the buyer has paid the purchase price and there are no other legal obstacles.

The costs for the land register entry depend on the property value and generally amount to 1.5 to 2 % of the purchase price. They are made up of the notary fees and the fees of the land registry.

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.

The land register extract - content, structure and significance

A land register extract is a copy that contains all relevant information about a property. Property buyers and sellers need it to obtain clarity about the ownership structure and any encumbrances. It includes the inventory and sections I to III and shows who the owner is, what rights or encumbrances are on the property and whether there are any land charges.

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 in order to be protected against unexpected encumbrances.

In contrast to the land register entry, which represents an official change in the land register, the land register excerpt is merely a copy of the current entries. Both documents have their own legal significance and are important for different purposes.

Apply for and request an extract from the land register

You can request an extract from the land register by contacting the relevant land registry office directly. This can be done in person on site, by post or online.

If you want to apply for a land register extract online, visit the website of the land registry or a reputable and certified provider. Fill in the online form there with the necessary information about the property and confirm your identity, for example using a Postident procedure. As soon as you have paid the fee - around 10 to 20 euros depending on the federal state and type of application - you can send off the application. The statement will then normally be sent to you by post.

Land register extract online - advantages, security and data protection

An online application saves you time and effort, as you can submit the application from the comfort of your own home and don't have to go to the land registry or post office. It is also usually sent more quickly.

Important: Only use an official or certified platform to apply for a land register extract online. This will help you avoid dubious offers and possible attempts at fraud. To ensure that your data is treated securely and confidentially, you should make sure that the providers use common security standards such as SSL encryption.

View entries in the land register

The land register can only be inspected by persons who can prove a legitimate interest, for example owners, buyers or creditors. The land register can be inspected either directly at the land registry, via a notary or by applying for an extract from the land register as described above. As an authorized person, you may obtain information about the contents of the land register. However, you are also obliged to treat all data confidentially and only use it for the requested purpose.

Costs and fees

The costs vary depending on whether it is an entry, extract or application. A land register entry costs around 1.5 to 2 % of the property value, an extract between 10 and 20 euros. Commercial requests can be more expensive, as additional documents or certified extracts are often required. A free extract from the land register is only possible in exceptional cases, for example for authorities or courts.

Tip

We will gladly take care of obtaining the land register extract for you. This is included in our proven all-round service for sellers and buyers.

The land registry - tasks and functions

Your local land registry is responsible for managing and maintaining the land register. It accepts applications, checks them and carries out the entries. It is also available to answer specific questions or if you would like to view entries in the land register. Alternatively, you can seek advice from a notary or an experienced real estate agent such as Isar Estate.

Conclusion

The land register forms the foundation for every sale and purchase of a property, as it ensures transparency and security for the parties involved. It is important for both property sellers and potential buyers to familiarize themselves with all the relevant details in the land register and to seek expert advice if necessary. The Isar Estate team will be happy to assist you.

Frequently asked questions

What is the land register?

The land register is a public register that documents the owners, properties and encumbrances of properties. You can view entries in the land register if you are an authorized person, such as an owner or prospective buyer.

How can I apply for an extract from the land register?

You can request a land register extract in person, by post or online from the relevant land registry via official websites or certified providers.

What does a land register entry cost?

The costs amount to around 1.5 to 2 % of the purchase price of the property.

Where can I get an extract from the land register?

You can obtain a land register extract from your local land registry or online via official channels and certified providers.

What is in the land register?

In the land register you will find all relevant information about the owner, any encumbrances such as mortgages and land charges and registered rights.

What does an extract from the land register look like?

An extract from the land register consists of the inscription, the inventory and the three sections documenting ownership, rights and encumbrances.

Do you have questions about the land register? 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. Get in touch with us. We look forward to getting to know you.

+49 (0) 89 901 697 46

info@isarestate.de

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

Image credits: shutterstock 2014009937, 2460640187