Land register: basics

In short: The land register (Grundbuch) is an official register documenting ownership and encumbrances on land and real estate. An entry in the land register is generally considered legally binding proof of ownership.

In more detail: In Germany, the land register is maintained by the land registry offices of local courts and is publicly accessible to people with a legitimate interest.

In detail

• Property description: This part of the land register contains basic information about the property, such as location, size, and type of use.
• Section I – ownership: The current and previous owners of the property are recorded here.
• Section II – encumbrances and restrictions: Rights of way, usage rights, and other encumbrances besides mortgage liens are noted in this section.
• Section III – mortgage liens: Mortgages and land charges, typically used to secure real estate loans, are listed in this section.
• Good faith protection: Someone relying on a faulty land register entry is legally protected under certain conditions, even if the entry is incorrect.
• Notarisation: Property transactions like purchases or encumbrances must be notarised before they can be entered into the land register.
• Requesting an extract: Buyers, owners, and other authorised parties can request a current extract from the competent land registry office to find out the legal status (erbschein-wann-wird-er-benoetigt, mietrecht-grundlagen-fuer-mieter).