entry in the land register
Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6Plus)
Service Description
Registration of ownership of a plot of land or encumbrances and restrictions placed on a plot of land
You become the new owner 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. when a property is inherited).
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 the encumbrances that may be on the property (e.g. mortgages, easements).
Teaser
Registration of ownership of a plot of land or encumbrances and restrictions placed on a plot of land
Process flow
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 the persons shown in the land register in whose favour the entry is made or whose right is affected by it.
You should obtain information on this from a notary. They will give you advice on the procedure and the documents you need, tailored to your situation.
Competent authority
Land registry office of the local court where the land register for the property is kept
Requirements
Requirements for registration are normally:
- Application for registration
- Entitlement to apply (anyone in whose favour the registration is to be made or whose right is affected by the registration)
- Grant of registration
- Authority to grant registration (the person whose right is affected by the registration)
- In the case of transfer of title to real estate - conveyance
- compliance with special formal requirements
Depending on the individual case
- additional documents are required (e.g. proof of inheritance, permits, certificates of pre-emption rights, tax clearance certificate) or
- the land register must first be corrected prior to the requested entry (e.g. by entering the heirs of a deceased owner).
Which documents are required?
- Identity card or passport
- Presentation of the registration documents as public or publicly certified documents
What are the fees?
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 Notarial Costs (Gerichts- und Notarkostengesetz)
Processing duration
depending on the workload of the responsible land registry office
Legal basis
- § 13 Absatz 1 Grundbuchordnung (GBO) - Antrag auf Eintragung
- § 19 Grundbuchordnung (GBO) - Bewilligung der Eintragung
- § 20 Grundbuchordnung (GBO) - Auflassung
- § 29 Grundbuchordnung (GBO) - Form der Eintragungsunterlagen
- § 39 Grundbuchordnung (GBO) - Voreintragung des Betroffenen
- Gerichts- und Notarkostengesetz (GNotKG)
Author
The text was automatically translated based on the German content.