Land register number

Journal Number (Land Register) - The journal number is a sequential number assigned by the Land Registry Office to every incoming application for registration, amendment, or deletion in the Land Register. It determines the order of priority of the entries: whoever is recorded first in the journal has priority (principle of priority, § 17 GBO). The journal number is therefore decisive for the ranking of land charges, priority notices, and other rights.

Function and Significance

The Land Registry maintains a journal (§ 13 GBV), in which every incoming application is recorded with the date, time, and sequential number. The journal number ensures the chronological order: In the case of applications received simultaneously (e.g., the buyer’s priority notice of conveyance and the financing bank’s land charge), the journal number determines the priority.

In practice, the notary ensures that the applications are received by the Land Registry in the desired order-the priority notice of conveyance before the buyer’s mortgage, in order to secure the buyer’s claim to ownership. Without this careful coordination, the bank’s mortgage could be given a higher priority than the buyer’s priority notice of conveyance-with serious consequences in the event of the seller’s insolvency.

The journal number is relevant not only for the priority of registration but also for the order of processing at the land registry office. In Nuremberg, where the land registry office occasionally has significant processing backlogs, the journal number serves as important proof that an application has been submitted and thus that priority is secured-even if the actual registration may still take weeks.

Journal and Electronic Land Register

Since the widespread introduction of the electronic land register (eGB) in Bavaria, the journal has been digital. Applications are recorded electronically and stamped with a timestamp accurate to the second. The Nuremberg Land Registry Office is connected to the Bavarian Judicial Data Center, which centrally manages land register data. Authorized parties-i.e., owners, notaries, and courts-can access current land register extracts at any time via the ADBV viewing portal without having to appear in person at the office.

In practice, digitization means that notaries are increasingly submitting applications electronically, which tends to shorten processing times and improve the accuracy of timestamps. At the same time, the legal logic remains unchanged: The journal number is and remains the decisive anchor of priority for all claims relevant to the land register.

Order of Priority and the Priority Principle

The priority principle states: First in time is first in rank. In a foreclosure sale, registered rights are satisfied in the order of their journal numbers. A land charge with journal number 100 is satisfied from the auction proceeds before a land charge with journal number 150. Exceptions exist in the case of an express priority agreement (Section 880 of the German Civil Code (BGB)): Two entitled parties may swap priority among themselves, e.g., if new financing is to take precedence over an existing land charge.

This order of priority is of considerable economic significance in practice: A first-ranking land charge is significantly more valuable to a bank than a subordinate one because it is satisfied first in the event of foreclosure. Accordingly, first-ranking loans are often granted on more favorable terms than subordinate ones.

For buyers who create multiple real estate liens simultaneously-such as a first-ranking bank land charge and a subordinate land charge for a subordinated loan-the order of the registry numbers is critical. We therefore recommend explicitly discussing the order of submission with the notary handling the transaction and documenting it in writing. An experienced notary will coordinate the submission professionally, but the responsibility for understanding the process also lies with the owner.

Practical Tip for Property Owners in Nuremberg

We recommend that buyers and lenders in the Nuremberg metropolitan area keep an eye on the journal number during land registry proceedings. If you are purchasing and financing a property in Nuremberg at the same time, the notary should ensure that the notice of transfer (ranking ahead of the bank’s land charge) is received first by the Nuremberg Land Registry Office.

At the Nuremberg Land Registry, the processing time is currently approximately 4-8 weeks-during this period, the journal number protects your priority ranking, even if the entry has not yet been finalized. Make sure your purchase agreement includes a clause stating that the notary submits the applications in the correct order, and have the notary confirm the submitted journal number.

Frequently Asked Questions

Can I view the journal number?

Yes, the journal number is noted on the land registry extract and can be accessed in the electronic land registry. Every entry in Sections I, II, and III contains a reference to the journal number under which the underlying application was recorded. The notary will usually provide you with the journal number after the application is submitted so that you can verify that your application has been secured in terms of priority. Authorized parties can access land register extracts online via the Land Register Inspection Portal (in Bavaria, the ADBV Inspection Portal).

What happens if two applications are received on the same day?

If two applications are received on the same day, the exact time of submission determines priority. The register records both the date and the time. In practice, the notary coordinates the submission to ensure the desired priority order. For electronic submissions (increasingly common in Bavaria since 2022), the time of receipt is recorded to the second-an important improvement over paper-based submissions, where time recording was less precise.

Can the priority be changed retroactively?

Yes, through a priority change (Section 880 BGB): The parties involved (e.g., two banks with land charges) agree to a priority swap, which is entered in the land register. Through a priority reservation (Section 881 BGB), an owner may reserve the right, when creating a land charge, to allow a later right to take precedence in priority. Changes in priority require the consent of all parties concerned, notarization, and entry in the land register.

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