Land Registry: Content, Meaning and Costs of an Entry
The land register kept by the land registry provides legal certainty in German property law. The entry shows who owns a plot of land, which encumbrances exist and whether restrictions or rights of third parties are registered. For buyers, owners and banks it is therefore an indispensable source of information.
Table of contents
At a glance
The land registry keeps a public register of the ownership, encumbrances and liens on a plot of land, creates transparency and protects against risks in property transactions. Entries such as land charges or easements are made only on application, usually through the notary, at uniform costs under the GNotKG. Inspection is possible where there is a legitimate interest, for example via a land register extract obtained from the notary.
What is the land register?
The land register is kept by the land registry and is an official register documenting all legally relevant information about a plot of land. It is based on the provisions of the Land Register Code (GBO) and the German Civil Code (BGB) and forms the basis for every transfer of ownership.
Purpose and function
It creates transparency and protects against legal risks. It prevents encumbrances or rights from remaining hidden and ensures that transfers of ownership are traceable and legally secure.
Legal basis
The key provisions are found in the Land Register Code (GBO) and in the German Civil Code, in particular sections 873, 925, 1018 et seq. and 1191 et seq. BGB.
Role of the land registry
The land registry is responsible for keeping the land register and for registering and deleting rights. Every entry is made only after careful legal examination.
Why the land register is indispensable
For prospective buyers, owners and lenders, the land register provides clarity about ownership, encumbrances and financial security. An introduction to the duties of the notary in property transactions can also be found in the article What is a notary.
The land register explained: structure, inventory & sections
Thanks to its clearly structured layout, the land register allows all relevant information to be assigned quickly from a legal point of view. Each land register folio comprises an inventory and three sections.
Inventory: location, size and parcels
The inventory describes the basic features of the plot of land.
This includes:
- Location
- Size
- Cadastral district and parcel numbers
- References to the cadastre
The inventory thus provides the basis for clearly identifying a plot of land.
Section I: Ownership
This section records who owns the plot of land and on what basis ownership was acquired.
The following are registered:
- current owners
- co-ownership shares
- basis of acquisition (e.g. purchase, inheritance, gift)
Section I therefore gives a clear answer to the question of ownership. Further information on transfers of ownership and land register checks by the notary can be found under real estate law.
Section II: Encumbrances and restrictions
This section lists all rights that restrict the use of a plot of land or the power to dispose of it.
This includes:
- Rights of way and utility easements
- Usufruct rights
- Rights of residence
- Heritable building rights
- Real burdens
- Pre-emption rights
- Priority notices of conveyance
This information is particularly important for buyers, as it directly affects how the property can be used.
Section III: Mortgages and land charges
This section records financial encumbrances that serve as security for loans.
These liens on real property include:
- Land charges
- Mortgages
- Annuity charges
Section III plays a key role in property financing. Banks regularly rely on this information to assess the security for a loan.
What is actually recorded in the land register?
The land register contains all legally significant information about a plot of land. This information is decisive for purchase decisions, financing and the legal assessment of a property.
Entries on ownership
Section I records in detail who owns the plot of land. Owners, co-ownership shares and the type of acquisition are noted. This information is essential for obtaining legal clarity about the ownership situation.
Rights of residence, rights of way and usufruct
Section II contains encumbrances such as rights of residence, utility easements, rights of way or a usufruct. These rights directly affect the use and value of a plot of land and must be examined carefully before any purchase.
Pre-emption rights and restrictions on disposal
Pre-emption rights and restrictions on disposal, for example in favour of municipalities, banks or private individuals, are also entered in Section II. They can affect the later sale of a plot of land.
Land charges and mortgages
Section III records liens on real property that serve as security for loans. These include land charges and mortgages. These entries are of central importance, particularly for banks.
Priority notice of conveyance
A particularly important entry is the priority notice of conveyance. It secures the buyer’s claim to the transfer of ownership. Dispositions made after it is registered, such as a second sale or a new land charge, are ineffective against the buyer to the extent that they would impair this claim.
How a land register entry is made and how it is changed
An entry in the land register is made only when an application is filed and the required documents are submitted. As a rule, the notary takes on this task and at the same time checks the legal requirements.
Which transactions trigger an entry in the land register
Typical triggers for land register entries are:
- Transfers of ownership
- Registration or deletion of land charges
- Creation of easements
- Registration of building encumbrances or heritable building rights
These transactions ensure that all rights and obligations relating to a property are documented transparently and with legal certainty in the land register.
How the notary prepares the land register entry
All documents are checked by the notary, who also points out legal risks and ensures that the entry is legally permissible and complete, in accordance with the official duties under section 17 BeurkG.
Duties of the notary to examine
The notary must ensure that all information is correct and that all statutory requirements are met. This includes checking for encumbrances, restrictions and priority notices.
How long registration at the land registry takes
The time required varies from one local court to another. As a rule, registration takes place within a few weeks. Complex transactions or heavy workloads can, however, lead to delays.
Land register entry – who may inspect the land register?
Inspection of the land register is strictly regulated by law. Not everyone is allowed to view the entries. The legal basis is section 12 of the Land Register Code (GBO).
Legitimate interest
Only those who can demonstrate a so-called legitimate interest are granted inspection.
This includes in particular:
- Owners
- Prospective buyers (via the notary)
- Banks and credit institutions
- Public authorities
- Heirs and heir researchers
- Persons holding a written power of attorney
The legitimate interest must be demonstrated by documents or a plausible explanation.
Land register extract: inspection via the notary
In practice, the land register is usually inspected via the notary, who can retrieve a current land register extract from the land registry electronically. A land register extract obtained from the notary is available quickly and is frequently required in property purchases.
Inspection directly at the local court
Inspection can also be requested from the competent land registry (local court). This usually requires a written application.
Digital land register extract
In some federal states it is already possible to obtain certain information digitally. The legal framework differs from state to state. Further information is available from the Federal Chamber of Notaries (Bundesnotarkammer).
What does a land register entry cost?
The costs of land register entries and extracts are regulated uniformly throughout Germany by the Court and Notary Costs Act (GNotKG).
Fees of the land registry
A land register extract can also be obtained via the notary.
- uncertified land register extract: 10 euros
- certified land register extract: 20 euros
- deletion of a land charge: 0.5 fee based on the nominal amount, e.g. 217.50 euros in court costs for 200,000 euros
An overview of the legal basis can be found in the GNotKG.
Notary fees in connection with land register entries
For all applications, deletions or changes, the notary also charges fees under the nationally uniform GNotKG. These include:
- Registration or deletion of land charges
- Transfers of ownership
- Registration of easements
The amount of the notary fees is based on the transaction value (e.g. purchase price or debt amount) and covers notarisation, execution and 19% VAT plus expenses.
Land register costs depend on the transaction value
While simple declarations incur only minor fees, the notary fees for more extensive transactions, such as the purchase of a property, depend on the transaction value.
Common misconceptions about the land registry
Many property buyers and owners have mistaken ideas about the land registry that lead to unnecessary uncertainty. The following clarification clears up typical misconceptions and creates clarity about rights and procedures:
Can anyone inspect the land register?
No. Only persons with a legitimate interest are granted inspection under section 12 GBO. Owners, buyers via the notary or banks must provide evidence.
Are debts automatically recorded in the land register?
No. Only liens on real property such as mortgages or land charges are registered, not general debts.
Why does the transfer of ownership take so long?
The transfer is registered only once all requirements have been met, including payment of the purchase price, submission of all deeds and the tax clearance certificate from the tax office.
Do I need a notary for every entry?
No, but many transactions, in particular those involving property purchase agreements or land charges, require the involvement of a notary.
What happens to the land register in the event of inheritance?
Family law and inheritance law: in the event of inheritance, the land register must be updated to show the new owner or owners. This is usually done by presenting a certificate of inheritance or a notarial will.
Protect yourself from mistakes and contact your notary for individual advice on land register matters.
Legal certainty through the land registry
The land register provides a reliable framework for transfers of ownership, financing and gifts of property. Use the notary for secure checks, entries and the connections to inheritance law, wills and prenuptial agreements, so that legal certainty comes first. The land registry safeguards this traceability for everyone involved.
Decide with confidence – with notarial support!
Book your notary appointment in Berlin now, without long waiting times!
Frequently asked questions about the land registry
The land registry keeps the land register, examines applications and ensures that rights are registered and deleted with legal certainty. It documents ownership, encumbrances such as land charges and easements, as well as liens, and guarantees transparency in property transactions. Every entry is made after careful examination of the documents in accordance with the Land Register Code.
You can obtain a land register extract via the notary, directly from the local court or, depending on the federal state, via electronic information portals. The notary retrieves the extract digitally and reviews it during the purchase process, while the local court issues certified extracts for a fee. Digital portals make inspection easier where there is a legitimate interest.
The notary checks the land register in full and points out risks and special features. He reviews ownership, encumbrances in Section II and liens in Section III for completeness and legality. This check protects buyers from hidden encumbrances.
The deletion of old land charges is done by application to the land registry. This requires the consent to deletion from the bank as well as notarial certification. The notary prepares the application and ensures that all formalities are met.
Section II contains all encumbrances and restrictions affecting the use of the plot of land or the power to dispose of it, such as rights of way, rights of residence or priority notices. It also includes usufruct, heritable building rights and pre-emption rights, which affect the value and usability. Buyers examine this section with particular care.
Karina Q. ★ ★ ★ ★ ★
“The notary was extremely professional and competent. Communication was clear and easy to follow.”
Your notary for land register matters
Is an entry or a change in the land register pending? The land register plays a central role in property matters and has considerable legal significance. In many cases the involvement of a notary is required by law.
The notary prepares the necessary declarations, checks the legal requirements and arranges for registration at the land registry. This ensures that entries are made correctly and are legally effective.
