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Worth knowing - The land register

The land register is a public register which is kept at the local court and contains information about a property or plot of land and the ownership structure as well as any encumbrances (e.g. rights of way, usufructuary rights, land charges).

A land register excerpt or land register sheet is subdivided as follows:

Cover sheet:

The cover sheet contains details of the competent local court, the land register name and the land register page. A so-called court note may also be listed here.

Court note:

The note can be found on the cover sheet of the land register of the farm. The farm note has a purely inheritance law significance and is intended to ensure the economic preservation of the farm. It stipulates that the farm only goes to one of the heirs.

Inventory:

Here you will find the cadastral data - (the cadastral or surveying offices measure the properties of a municipality and collect the corresponding data in a register):

District (municipal district), parcel (a district contains several parcels), parcel, location/use and size.

Note:

It should be noted that the information in the land register regarding use and size may be out of date. The land registry (the office in the land registry that keeps the land registers) does not update this information. For example, only when a property is sold are any changes usually made to the land register in the course of the contract processing and change of ownership.

Example:

A plot of land is listed in the land register as arable land. However, the area was sown more than 5 years ago and used as grassland. The land is therefore no longer arable land and may not be sold as such. In the event of a sale, the type of use in the land register would be changed to grassland. 

Division I:

Here you will find data on the owner and the legal basis for entry in the land register.

Division II:

Section II contains encumbrances and restrictions on the respective property. A distinction is made between (limited personal) easements and encumbrances in rem.

Limited personal easement:

The limited personal easement allows a specific person or institution to use the property encumbered with the easement in a defined manner. This may involve, for example, rights of way and rights of way for pipelines or distances to be maintained for a development.

Real estate: 

The real charge enables a specific person or the owner of a property to repeatedly receive services, usually of a financial nature, from this property. However, services or goods in kind can also be agreed as "means of payment".

Division III:

Financial encumbrances on the respective property, such as land charges, are entered here.

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