Land Register (Sections I-III)

Land Register (Sections I-III) - The Land Register is a public registry maintained by the competent local court that authoritatively documents all legal relationships pertaining to real property. It is divided into the introductory section, the index, and Sections I, II, and III.

Structure and Content of the Land Register

Each page of the Land Register follows a uniform structure, which is regulated by the Land Register Ordinance (GBO). The cover page (also called the title page) contains the name of the competent local court, the land registry district, and the page number. The inventory describes the property with its cadastral district, parcel, parcel number, and size, supplemented by information from the real estate cadastre.

Section I records the ownership structure. It notes who the current owner of the property is, the basis on which ownership was acquired (such as through a purchase agreement, inheritance, or a successful bid at a foreclosure auction), and the share of ownership in cases of co-ownership.

Section II records encumbrances and restrictions that rest on the property. These include easements such as rights of way or rights of residence, real encumbrances, preliminary notices, restrictions on disposal (such as insolvency or executor’s notes), and hereditary building rights. This section is particularly important for buyers, as the rights recorded there can permanently encumber the property.

Section III contains real property liens, i.e., mortgages, land charges, and annuity charges. Banks have their collateral recorded here when they grant real estate financing. The priority of the entries determines which creditor is paid first in the event of foreclosure.

The land register enjoys public faith pursuant to § 892 BGB. This means: Anyone who relies on the accuracy of the land register in legal transactions is protected in this reliance, even if an entry does not correspond to the actual legal situation.

Inspection and Legitimate Interest

Not everyone is granted access to the land register. According to Section 12 of the German Land Register Act (GBO), a legitimate interest must be demonstrated. Owners, prospective buyers with a concrete intention to purchase, notaries, courts, and creditors with registered rights generally have such an interest. We recommend that prospective buyers always request a current land register extract before making a purchase decision in order to fully understand the encumbrances on the property. The extract can be requested from the relevant land registry office; in many federal states, this can also be done electronically. An uncertified extract currently costs 10 euros, while a certified extract costs 20 euros.

Practical Tip for Nuremberg and the Metropolitan Region

In Nuremberg and the surrounding Franconian metropolitan region, the Nuremberg Local Court is responsible for land registry matters. For properties in the districts of Nürnberger Land, Fürth, or Erlangen-Höchstadt, jurisdiction lies with the respective local court of the district. We advise buyers and sellers in the region to obtain a complete land register extract early in the sales process. Especially for older properties in Franconian city centers, Section II often contains historical easements such as rights of way or utility rights, which can significantly impact the property’s utility value. An experienced local real estate agent can help interpret these entries correctly.

Frequently Asked Questions About the Land Register

How much does a land register extract cost?

An uncertified land register extract costs 10 euros at the local court, while a certified extract costs 20 euros. Notaries can retrieve the extract electronically as part of a notarization process, which speeds things up. In many cases, the land registry extract is already included in the notary and real estate agent’s documents, so we recommend that buyers check there first.

How long does a land registry entry take?

The processing time varies depending on the land registry office. In Nuremberg and the surrounding area, experience shows that an entry takes between four and eight weeks. For more complex transactions, such as communities of heirs or declarations of partition, it may take longer. A priority notice of conveyance is usually entered more quickly to protect the buyer in the meantime.

Can you view the land register online?

In Bavaria, electronic access to the land register is available through the joint land register portal of the federal states. This requires registration and proof of a legitimate interest. Notaries and government agencies already have standard electronic access. For private individuals, the easiest route is usually through the competent local court or the appointed notary.

Common Issues When Reviewing the Land Register

Prospective buyers and owners regularly encounter entries in the land register that require clarification. Common examples from practice in the Nuremberg metropolitan region:

Section II: Old residential rights that are still registered to deceased persons must be actively deleted-they do not disappear automatically. The same applies to leasehold rights or rights of first refusal that have expired. Until they are deleted, they remain in the land register and can unsettle potential buyers or complicate financing. Deletion generally requires notarial authorization from the entitled party or their heirs.

Section III: Unpaid land charges from previous financing are often still listed in the land register, even though the loan was repaid long ago. The bank issues a free deletion authorization upon request. A seller who can present a “clean” Section III significantly facilitates the financing process for the buyer and their bank.

We recommend that owners completely clear up the land register and have outdated entries deleted, at the latest when preparing for a sale.

Priority Notice of Transfer as Buyer Protection

An important entry in Section II that is often misunderstood is the priority notice of conveyance (Section 883 of the German Civil Code). It is entered shortly after the purchase agreement is notarized and protects the buyer from the seller selling or encumbering the property a second time, or from the seller’s creditors registering a compulsory mortgage. The priority notice of conveyance itself does not yet transfer ownership-that only occurs with the transfer of ownership in Section I. However, it secures the buyer’s claim to the transfer of ownership from the time of its entry. In the Nuremberg metropolitan area, the notary who notarizes the contract typically applies for the priority notice of conveyance immediately after notarization, so that the buyer is generally protected within a few days. The purchase price should only be transferred to the notary’s escrow account or directly to the seller after the priority notice has been registered.

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