Description
The land register is used for legal transactions involving real estate. In addition to agreement on the legal change, every legal transaction involving the creation of rights and changes to rights to land must also be entered in the land register in order to be effective. 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.
If you have purchased a plot of land, you are not the new owner until you have
- you have reached an agreement with the seller on the transfer of ownership ("conveyance of the property") and
- the new ownership structure has been entered in the land register.
Registration in the land register is also required for other forms of transfer of ownership.
The land registry office of the local court where the land register for the property is kept is responsible.
Under "Related Topics" you will find information on various event-related entries in the land register.
Procedure
The entry in the land register must be applied for. Find out more about this from a notary, a lawyer or a solicitor. They will give you advice on the procedure and the documents you need, tailored to your situation.
The application can be made 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 public or publicly certified documents.
The application for registration of ownership as a result of purchase or donation is made by a notary public after the notarization has taken place.
If the land registry has determined that all the requirements for registration have been met, it makes the registration.
Once the registration has been made, the land registry notifies the notary, the applicant, the registered owner(s), and all the persons shown in the land register in whose favor the registration is made or whose right is affected by it.
Special notes
The purchase of a plot of land or a condominium and the creation of a land charge for the bank to secure a loan must be notarized. The notarial deed is a prerequisite for entry in the land register in the above-mentioned examples. In it, the parties involved also determine who has to bear which costs. As a rule, in the case of a purchase, the buyer bears the costs of the acquisition. As a rule, the seller bears the costs of deleting an encumbrance still entered in the land register, for example land charges of the seller. As a rule, the buyer does not assume these "old encumbrances"; instead, they are financed through the buyer's own bank.
The basis for the entries and fees at the land registry is this notarial deed. In the deed, the seller and the buyer agree on the rights to be entered in the land register. These are then entered in the relevant land register at the land registry. You will receive a copy of the deed from the notary and can read the agreements.