31.05.2022
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In encyclopedia episode 4 of the VON POLL IMMOBILIEN podcast, Tim von Campenhausen, Director of Sales and Training at VON POLL IMMOBILIEN, and host Susanne Hauf conduct an exciting interview on the major topic Land Register.
How is the land register structured? When does a land register entry? And who is allowed to view the land register? The exciting conversation about these and other topics, you can now listen directly here or read through as a transcript in 'traditional manner'. We hope you enjoy it!
Podcast episode 'Land Registry' - complete transcript
Moderator Susanne Hauf:
What is not in the land register is not valid. As simple as this sentence may sound, it is also true. In Germany, every piece of land is given its own place in the land register, which is called a land register page. This is what the Land Register Code says. Basically, the land register provides information about the ownership, legal and debt relationships of a property. Information that is essential before buying or selling real estate.
How is the land register structured? When does a land register entry take place? And who may inspect the land register? In this episode, we explain the most important facts about the land register and give helpful tips on what you should pay attention to as a buyer and seller. Our guest is Tim von Campenhausen. He is director of sales and training at VON POLL IMMOBILIEN. Good day, Mr. von Campenhausen.
Tim von Campenhausen, Director of Sales and Training VON POLL IMMOBILIEN:
Yes, also from my side a good day and I look forward to an exciting topic land register in today's podcast.
Susanne Hauf:
My name is Susanne Hauf. I am the host of the podcast. Welcome to the show!
Looking at the land register is essential before buying and selling real estate. In Germany, each property is recorded in a separate land register sheet. The land register extract contains all the information relevant to the purchase or sale of a property.
Mr. von Campenhausen, what is the land register in very basic terms and why do you need it?
Tim von Campenhausen:
Yes, of course, that is a very legitimate and good question.
The land register is more or less the personal file of a property and, in addition to ownership and rights, also documents the history of a property, among other things. With approximately 35 million plots of land in Germany, it is not only sensible but also indispensable to keep them in order, as the Land Register Code also provides, in order to ensure legal certainty in land transactions. This is reflected in particular in the so-called public faith of the land register.
Susanne Hauf:
And how is the land register structured?
Tim von Campenhausen:
Each land register sheet consists in principle of five parts, which are marked in different colors. The so-called inscription, so as first, documents the competent district court, the volume and the sheet number in the inventory.
Then, as second, comes the inventory. This includes the inventory number, the land register district, the parcel, the type of business and the location and size of the property.
In the third point, we have department one, the so-called department one, which lists the ownership of the property. There are also still the owner or owners - can also be several owners - registered.
Susanne Hauf:
Okay.
Tim von Campenhausen:
In section two, possible encumbrances and restrictions are recorded. The encumbrances include, among other things, Reallasten.
Furthermore, if necessary, rights of use such as rights of way or usufruct are also listed here. And in the last section, section three, possible mortgages such as land charges, liens or mortgages are noted. In other words, everything that has to do with money and mortgaging can be found in section three. And for this reason, this part of the land register is especially interesting for banks and creditors.
Susanne Hauf:
When does a land register entry take place?
Tim von Campenhausen:
Yes, whenever changes occur in the land register. These can be changes in ownership, but also in the changes, encumbrances and restrictions, among other things. And an entry in the land register does not take place automatically, but must be notified to the competent district court or land registry office. This can be done either by notarization with a notary or officially, i.e. by means of official decrees. In the case of a real estate purchase or sale, the purchase agreement must first be notarized by a notary public, of course, and the notary public then arranges for the land registry to transcribe the change of ownership and the new ownership in the land register.
Susanne Hauf:
Now it is yes so that not only when the owner changes, the land registry must be informed, but also in the case of changes regarding the financing, an entry is made.
When are such circumstances actually still given?
Tim von Campenhausen:
In principle, banks let themselves secure their loans in the land register, of course, in the presence of real estate assets. Also, in the event of a change or transfer of a construction financing to another credit institution, i.e. in the event of a debt restructuring - however it may occur - the circumstances in section three are then adjusted accordingly. This process, too, is of course subject to notarization.
Also, rights to use a property, such as a right of way or a right of abode, require an entry in the land register. If a plot of land is re-divided or several plots of land are combined into one, this is of course then also changed. And all changes - as I said - are only possible by notarial certification or by official action.
Susanne Hauf:
When is a land register extract required?
Tim von Campenhausen:
As a buyer, you should not deal with the land register only when the change of ownership. Even before that, it is advisable that interested parties take a look at the respective land register sheet. There they will find information about any encumbrances and rights associated with the property. The land register extract as such is a complete copy of all entries relating to a property. He belongs not only to the sales documents, but is also required as a template at the bank for the granting of a loan.
Susanne Hauf:
The land register is yes a limited public register. What does that actually mean 'limited public'
Tim von Campenhausen:
This means that the inspection of the land register is not possible for everyone, but only limited, because sensitive data is contained there. We have established owner details and so on. And according to paragraph twelve of the Land Register Code, anyone who can prove a legitimate interest is allowed to inspect the land register. That is, that is ultimately the restriction. As a rule, this includes the owner or owners, as well as rights holders entered in the land register, such as heirs.
In addition, the group of persons with a legitimate interest naturally includes property neighbors, when it comes to overhang regulations, for example, creditors and credit institutions, courts, notaries and authorities. Anyone who needs an extract from the land register and can prove a legitimate interest must request the extract from the relevant land registry office. This is possible both in person and online.
In any case, requesting a land register extract involves a small cost. Depending on whether a simple or certified excerpt is needed, the cost is something like between ten and 20 euros.
Susanne Hauf:
That was really very informative and helpful. Thank you very much Mr. von Campenhausen, Director of Sales and Training at VON POLL IMMOBILIEN.
Tim von Campenhausen:
Yes, may I also thank you very much and then I wish you another happy day.
Susanne Hauf:
The land register lists all developed and undeveloped land in the respective land register district. Anyone who has acquired a plot of land or real estate through real estate purchase, inheritance or donation must be entered in the land register as the new owner. According to paragraph twelve of the Land Register Code, anyone who can prove a legitimate interest is permitted to inspect the land register.
Do you have questions about this or other topics? Feel free to contact our experts or find even more info on our website and in the VON POLL IMMOBILIEN app. You can find the links in the show notes of our podcast.
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