The Structure of the Land Register
Every property in Germany has its own land register folio. This is divided into five sections: the inscription, the property description, and three sections. For a property sale, the three sections are particularly relevant.
The Three Sections in Detail
Section I – Ownership
This section states who owns the property. In a sale, the new owner is registered here. In cases of communities of heirs or co-ownership, all parties are listed with their shares. Before the sale, you should check if the entry is current – especially with inherited properties, a certificate of inheritance often needs to be presented first. Read more in our guide on selling inherited property.
Section II – Encumbrances and Restrictions
This section contains third-party rights to your property: rights of way, rights of residence, usufruct, rights of first refusal, or priority notices. Such entries can significantly affect the selling price and must be disclosed to the buyer. A right of residence, for example, can reduce the value by 30 to 50 percent.
Section III – Real Estate Liens
Mortgages and land charges are registered here – i.e., the collateral for bank loans. When selling, these usually have to be deleted, which is handled by the notary and the bank. The bank's consent to deletion is one of the most important documents for a smooth process.
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A correct and unencumbered land register extract is the foundation for a successful sale. Clarify any open points early on with your notary or an experienced real estate agent. This builds trust with the buyer and speeds up the entire process.
Frequently Asked Questions about the Land Register
Where can I get a land register extract?
From the competent local court (Grundbuchamt). In Augsburg, the Augsburg Local Court is responsible. You can apply for the extract in person, in writing, or in many cases, online. The cost is 10 euros for a simple extract and 20 euros for a certified extract.
Who is allowed to inspect the land register?
Inspection is only granted to those who can prove a legitimate interest – such as owners, prospective buyers with power of attorney, notaries, banks, or authorities. A general interest is not sufficient.
How current must the land register extract be for a sale?
For the notary, the extract should not be older than three months. Buyers' banks often require an even more current extract. Therefore, you should only order the extract when the sale becomes concrete.
What does a priority notice of conveyance mean?
The priority notice of conveyance secures the buyer after the notarial deed. It is entered in Section II and prevents the seller from selling the property a second time or encumbering it with new charges.
Enes Gülcan
Immobilienexperte & Gründer von Nordhall Immobilien
Ich begleite Eigentümer in Augsburg persönlich beim Verkauf ihrer Immobilie – diskret, strukturiert und mit dem Anspruch, für Sie das bestmögliche Ergebnis zu erzielen.
— Enes Gülcan