The land register is the mirror of private rights in rem to real property and has the task of providing the most exhaustive and reliable information possible on the legal relationships relating to the property.
The land register consists of land register pages and provides information on the private legal relationships relating to the respective property. In Bavaria, the land register is kept electronically.
The land register documents
- who is the owner of a plot of land (Section I),
- which encumbrances (e.g., easements, usufruct), restrictions (e.g., priority notices, heritable building rights) and restraints on disposal rest on the property with the exception of mortgages (section II),
- which real estate liens exist on the real estate (section III),
- the ranking of the respective rights in relation to each other.
Section 10 of the Land Register Code (GBO) stipulates that the land registry keeps all "documents on which an entry is based or refers". This is done in a land file or master file separate from the land register. These deeds and documents include, for example, notarial contracts, declarations of partition, powers of attorney, applications for registration and land registry or court decisions.
The land register is used for legal transactions involving real estate. In order to be effective, every legal transaction involving the creation of rights and changes in rights to land must be entered in the land register in addition to the agreement on the change in rights. If, for example, you wish to transfer ownership of a plot of land or create a mortgage on your land, this change of title requires a corresponding entry in the land register.
Entry in the land register regularly requires an application to the land registry office responsible for the property. This application can be submitted in writing or recorded at the land registry office. Submitting an application by e-mail is not sufficient.
The declarations and documents with which you prove to the land registry that your application is to be granted must be contained in a public or publicly certified document.
Under "Related Topics" you will find information on various occasion-related entries in the land register.