Entry in the land register
Description
You become the new owner of the property after
- you have reached an agreement with the seller on the change of ownership ("conveyance of the property") and
- the new ownership structure has been entered in the land register.
The agreement on the transfer of ownership must be declared before a notary public. It can also be declared in a court settlement or in a legally confirmed insolvency plan.
Registration in the land register is also required for other forms of transfer of ownership (e.g. inheritance of a property).
Encumbrances and restrictions on the property, such as easements, priority notice of conveyance, mortgages, land charges or mortgages, must also be entered in the land register.
The notary arranges for the entry.
The land register provides information on the ownership of a property and any encumbrances that may be on the property (e.g. mortgages, easements).
Requirements for registration are normally:
- Application for registration
- Eligibility to apply (anyone in whose favor the registration is to be made or whose right is affected by the registration)
- Registration authorization
- Authorization to register (the person whose right is affected by the registration)
- In case of transfer of ownership of real property - conveyance
- compliance with special formal requirements
Depending on the individual case
- additional documents are required (e.g. certificate of inheritance, permits, certificates of right of first refusal, tax clearance certificate) or
- the land register must first be corrected before the requested registration (e.g. by registering the heirs of a deceased owner).
- Identity card or passport
- Presentation of the registration documents as public or publicly certified documents
Costs are incurred for the work of the notary and the entry in the land register. The amount of the costs is largely determined by the amount of the purchase price.
- Business value according to KV No. 14110 ff. of Annex 1 to § 34 of the Law on Court and Notary Costs (Gerichts- und Notarkostengesetz)
depending on the workload of the responsible land registry office
Contact the land registry office of the district court where the land register for the property is kept.
You must apply for entry in the land register at the land registry. If the requirements for registration are met, the land registry will make the entry.
Once the entry has been made, the land registry notifies the notary submitting the application, the applicant, the registered owner and all persons shown in the land register in whose favor the entry is made or whose right is affected by it.
Find out more about this from a notary. They will give you advice on the procedure and the documents you need, tailored to your situation.
- § Section 13 (1) of the Land Register Code (GBO) - application for registration
- § Section 19 of the Land Register Code (GBO) - Approval of the entry
- § Section 20 Land Register Code (GBO) - Conveyance
- § Section 29 of the Land Register Code (GBO) - Form of the registration documents
- § Section 39 Land Register Code (GBO) - Preliminary Registration of the Party Concerned
- Court and Notary Costs Act (GNotKG)
Ministry of Justice Mecklenburg-Western Pomerania
14.11.2020
The text was automatically translated based on the German content.
39104 Magdeburg, Landeshauptstadt
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