What is contained in the land register and where can I view it?

The land register is a central document in every Real Estate Sales and purchase. It contains all essential information about ownership structures, encumbrances, and rights regarding a property. Anyone who wants to sell or buy a piece of real estate cannot avoid having a current and complete land register extract.

What is a land register?

The land register is an official registry. It documents the legal status of a piece of land for the public. It therefore contains Status of inventory, ownership, and encumbrances, concerning the property. The Land Register Act (GBO) governs formal land register law and substantive land register law, determining which requirements must be met for a real estate acquisition to take place or for other entries (e.g., encumbrances) to be entered in the land register or modified.

The land registers are maintained by the local courts (Land Registry division). The location of the property determines which Land Registry office has jurisdiction. Land register matters are carefully processed by a judicial officer (an official in the higher judicial service). In addition, all entries must be signed not only by the judicial officer, but also by the registry clerk (land register clerk).

In addition to the actual land registers, the land registry office also maintains special Land registers, specifically residential and partial ownership land registers, leasehold land registers, and land registers with farm notes. The land register is kept in paper form as well as in electronic form.

In addition to the land registers, the land registry office maintains the so-called land registry files. They contain all deeds and other documents that were submitted with the applications for the land register. These can be purchase agreements, conveyance protocols, condominium ownership agreements, Declarations of division, ground lease agreements, mortgage deeds, declarations of consent to registration, etc. Many Documents in the basic file are also essential for the sale of a property.

How is the land register structured and what information can be found in it?

The land register consists of five land register sheets and is structured as follows:

• Title page (Inscription, cover page) – includes the specification of the local court, the specification of the land register district, the number of the folio, the certification of the page number of the volume and possibly the following notations: residential property land register, partial ownership land register, heritable building right land register, residential heritable building right land register, closure notation, transcription notation, farm notation.
• Inventory directory – contains the property data, parcels, economic type, location, size. This information originates from the cadastral register. Possible rights of way and co-ownership shares in other properties may be noted in the inventory directory. Buildings are not entered because they are essential components of the property.
• Ownership structure (in Section I) – this section shows the respective real estate owners and the ownership relations among one another. In addition, the legal basis of the acquisition is entered. This can be, for example, conveyance (Auflassung), succession, or an order of adjudication in foreclosure proceedings.
• Encumbrances/Servitudes/Restrictions (in Section II) – rights of way and transit rights, utility line rights, usufruct, rights of first refusal, notices, real encumbrances, or a heritable building right can be recorded here.
• Registered Encumbrances on real property (in Section III) – here you will find the registered land charges, mortgages, and annuity charges. It is possible that a land charge is registered. However, the land charge does not necessarily have to be securing an active loan, and the loan may already be paid off. The land charge can be canceled in the course of the real estate sale under certain conditions. It is important that the purchase price is higher than the land charge that is still securing an active loan.

A land register entry provides no information about property boundaries. You can obtain this information from the cadastral office.

When are entries made in the land register?

Provide land register entries Information on ownership structures, rights of use and usufruct, and encumbrances, which affect the property. Properties can be subdivided or several properties can be combined into one. These changes are documented with corresponding entries in the land register. If ownership structures change, a land register entry is required. This is the case with Real estate sale, inheritance, or gift the case. When real estate is financed, banks have a land charge entered in the land register as security. This too Right of residence or usufructuary right requires an entry in the land register.

What role does the land register play in the sale or purchase of real estate?

A current land register excerpt grants potential buyers a high degree of Transparency and Security. This is important for sales negotiations. The existing land register entries can be used to prove the current ownership situation. Furthermore, the land register excerpt provides information about, which burdens the potential buyer must assume and which ones can be deleted.

Furthermore, you wish lender a copy of the current land register extract, to get a comprehensive overview of the property. As Real estate agent we will take care of the land register excerpt and all important sales documents, including the energy certificate, for you. We ensure, that your single-family home, your semi-detached house, your condominium, or your plot of land in Munich is sold at the best possible price.

When must an extract from the land register be submitted?

An extract from the land register is one of the sales documents for House sale, Land sale or at Apartment sale. When buying real estate, a current land register excerpt serves as Security for the lending bank. During the loan assessment, the bank requires that the Extract from the land register not older than 6 months is old. This is also in the interest of the buyer so that they can gain insight into the current ownership structure and any encumbrances.

At which authority can one inspect the land register?

The land register can be found at the land registry office, which is usually housed at the local district court. Anyone who has a legitimate interest can prove it, is entitled to inspect or obtain a land register extract for the respective property. The question arises as to who has a legitimate interest.

This is the Owner of the property as well as all registered rights holder (such as compulsory portion claimants or heirs). In the event of a divorce, the eformer spouses with proof inspect the land register. Because in the case of calculating claims for the equalization of accrued gains, the land register excerpt is an important source of information.

Courts, authorities, banks, and notaries have the option to obtain land registry information electronically.

View current land register excerpt when buying real estate

Each property has its own land register sheet. There is a land register for vacant plots or properties built with a single-family house, and for condominiums there is the so-called condominium land register / partial ownership land register.

The structure corresponds to the land register for pure plots of land. In addition, the condominium land register / partial ownership land register records the respective shares of co-ownership in the shared land and property, the associated special ownership rights, rights of special use, and restrictions.

At which authority can one inspect the land register?

The land register can be found at the land registry office, which is usually attached to the Local Court is housed. Anyone who can demonstrate a legitimate interest may request to view it or obtain an extract from the land register for the corresponding property or apartment.

Courts, authorities, banks, and notaries have the option to obtain corresponding land registry access online.

How can a land register entry be deleted?

Deletion occurs when a Notice of cancellation is entered in the corresponding column of the relevant section. In addition, the entry to be deleted is underlined in red. In the computerized land register, red underlines or cross-outs are displayed in black. If a land charge is to be deleted, the mortgagee must consent. For this purpose, a so-called. Certificate of deletion necessary. The notary or the bank will inform you which deletion documents are required.

If the mortgage loan has not yet been fully repaid, the lending institution will issue a so-called Prepayment penalty calculate. It is recommended to discuss the amount of any potential early repayment penalty directly with the lender.

Address and opening hours of the Land Registry in Munich

Local Court of Munich – Land Registry
Infanteriestraße 5
80797 Munich
Inspection of land register pages: Room: E71
Phone: +49 (89) 5597-3359
Telefax: +49 (89) 5597-2042
Home page

Opening hours:
Monday – Wednesday, Friday: 08:30 AM – 12:00 PM
Thursday: 8:30 AM – 3:00 PM (non-stop)

You can get the land register excerpt by mail or fax order, and the land register extract will be sent to you directly. You should note that processing times until dispatch can vary greatly. If you need a land register extract quickly, you can pick it up without pre-ordering during the opening hours mentioned above. For data protection reasons, your legitimate interest will be verified. As Owners should identify themselves with an identity card, and as a prospective buyer you had better Power of attorney from the owner bring along and of course your ID card. If you want to view the basic file on site (e.g. the declaration of division), it is necessary to order this 2 days in advance by phone or fax.

The land register excerpt can be used as certified or uncertified copy be requested.

FAQ on Land Register

What happens in the land register during the purchase or sale of a real estate property?

With the Signing of the purchase agreement the property has not yet changed ownership. In the purchase agreement, the parties stipulate the modalities under which the Change of ownership takes place. The notary initiates the Registration of Cancellation caveat for the buyer. This is a type of reservation that secures the property for the buyer. In addition, only entries to the land register that the buyer agrees to can be made.

The seller can then no longer sell the property to anyone else. If the buyer needs financing to pay the purchase price, the Land charge entered in the land register (Section III). As soon as the seller agreed purchase price received, the notary applies for Transfer of the property to the buyer at the competent office. The notary's office can provide information on the land register changes that have been made.

When a property is sold, the authority may only enter the buyer as the owner in the land register if proof is provided to it that a statutory right of first refusal is not being exercised. In fact, according to the Federal Building Code, it is required that the competent municipality issue a so-called negative certificate.

Furthermore, the buyer must Real estate transfer tax pay so that he can be registered as the new owner (see Real Estate Transfer Tax Act). The tax office will then issue a Certificate of non-liability issue, which is indispensable for the transfer.

The entire procedure is prescribed in the Land Register Act and is strictly regulated. From the notary appointment to the transfer of ownership, several weeks or even months can pass. During the process, you can find out from the notary how far advanced the transfer of ownership is. For the notarial work as well as for the land registry entries fees apply. The costs are determined by the Court and Notary Costs Act (GNotKG). They depend on the purchase price of the property. You can expect approx. 1.5 percent of the purchase price calculate.

Can the office refuse the request to inspect the land register?

Yes, under certain circumstances. Because the land registry office must adhere to the legal regulations concerning the inspection of land register pages. Land register entries are not publicly accessible. Data protection is a high priority. Land registry officials can reject the application for inspection if they find the reasons incomprehensible.. Anyone who does not wish to accept the decision can file a complaint. The Higher Regional Court (GBO) is responsible as the court of last resort.

Is the press allowed to inspect the land register?

The legislature restricts access to the data in the land register sheets. He wants to prevent property owners from being investigated without their knowledge. Thus, the press cannot find out which property belongs to whom, what debts encumber the property, and whether or which easements are registered. The legislature requires that there must be a legitimate interest. Blanket justifications for an inspection are not sufficient.

Rogers Real Estate takes care of the complete processing and procurement of all documents to ensure a smooth and legally secure sales process – including the land register extract, energy certificate, and sales documentation. This is how we achieve an optimal selling price for your property in and around Munich with minimal effort on your part.