The land register extract is the most important document when it comes to the legal status of a property. It tells you who owns a plot of land, which third-party rights are charged against it and whether any mortgages or land charges are still registered. Anyone wishing to sell, buy or finance a property cannot do without it. As an estate agency on the Königsallee, we have been supporting owners in Düsseldorf and throughout NRW for over 60 years. In this guide we explain clearly how a land register extract is structured, who is permitted to inspect it, where you apply for it and what costs you should expect.
What is a land register extract?
The land register (Grundbuch) is a public register kept at the land registry of the competent local court (Amtsgericht). For every plot of land there is a dedicated land register sheet on which all material legal circumstances are recorded. The land register extract is simply a written reproduction of this land register sheet.
It answers three central questions:
- Who owns the property? The ownership details are recorded precisely.
- Which third-party rights exist? Such as rights of way, residential rights, a usufruct (Nießbrauch, a comprehensive right to use the property and draw its income) or priority notices.
- Which debts are charged against the plot? That is, mortgages and land charges (Grundschuld, a non-accessory charge over land securing a debt).
The land register enjoys public faith (öffentlicher Glaube). Whoever is registered in the land register as the owner is, in principle, also regarded as the owner. This reliability is the foundation of every secure property transaction in Germany. Today the land registers are kept predominantly in electronic form, but the structure has remained uniform throughout the country.
The structure: heading, inventory of holdings and three divisions
A land register sheet is always arranged in the same way. Once you have understood the structure, you can read any land register extract.
- The heading (cover sheet): This states the competent local court, the land register district as well as the volume and sheet number. Notes such as condominium land register (Wohnungsgrundbuch) or heritable building right register (Erbbaugrundbuch) are also found here.
- The inventory of holdings (Bestandsverzeichnis): It describes the plot of land itself, that is the cadastral district (Gemarkung), parcel (Flur), parcel number (Flurstücksnummer), size in square metres and the type of use, for example building and open space.
This is followed by the three divisions, which form the actual core:
- Division I names the owners.
- Division II records encumbrances and restrictions.
- Division III lists the charges on land (Grundpfandrechte), that is mortgages and land charges.
We will now look at these three divisions individually, because it is precisely here that it is decided whether a property is legally sound.
Divisions I and II: owners, rights of way and residential rights
In Division I the ownership details are recorded: the name and address of the owners, in the case of several owners their respective shares, for example a one-half share, as well as the basis of acquisition, for example conveyance (Auflassung) upon purchase or succession upon inheritance. Here you can see at a glance who is legally entitled to dispose of the property.
In Division II all encumbrances and restrictions that are not charges on land are recorded. This is especially informative for buyers and owners, because these rights can considerably affect the value and usability of a property. Typical entries are:
- Easements (Dienstbarkeiten) such as rights of way, line rights or a residential right in favour of a particular person
- Usufruct (Nießbrauch), that is the comprehensive right to use the property and to draw income such as rent
- Charges on land in kind (Reallasten), for example recurring payments arising from the plot
- Priority notices (Vormerkungen), above all the priority notice of conveyance (Auflassungsvormerkung), which secures a future owner
- Rights of pre-emption (Vorkaufsrechte) as well as restrictions on disposal such as an insolvency note or an executor's note
Anyone acquiring a property should examine Division II particularly carefully. A lifelong residential right or a usufruct in favour of third parties can thwart your own plans. When selling, we therefore obtain clarity about the entries at an early stage, so that you and any prospective buyers know where they stand from the outset.
Division III: mortgages and land charges
Division III is reserved for charges on land (Grundpfandrechte). Here you will find the financial encumbrances that secure the plot, above all land charges (Grundschuld) and mortgages (Hypotheken). They typically arise when a property is financed through a bank loan. As security, the bank has a land charge registered in its favour.
For each entry you will find:
- the amount of the right together with any interest
- the rank, that is the order of satisfaction in the event of default
- the creditor, as a rule the financing bank
It is important to understand: a land charge registered in Division III does not automatically mean that the loan is still outstanding in full. Often a loan has already been repaid but the land charge has not yet been deleted. Before a sale, we clarify together with you and your bank which encumbrances actually still exist and how they are to be redeemed or deleted in connection with the sale. In this way a buyer can take over the property free of encumbrances.
Who is permitted to inspect it? The legitimate interest under § 12 GBO
Although the land register is a public register, it is not freely accessible. Anyone wishing to inspect it must demonstrate a legitimate interest. This is governed by § 12 of the Land Register Code (Grundbuchordnung, GBO): inspection is permitted to anyone who demonstrates a legitimate interest. Mere curiosity is therefore not sufficient.
A legitimate interest is, as a rule, recognised in the case of:
- Owners, who may inspect their own land register at any time
- Notaries in the course of their official duties, for example when preparing a purchase contract
- Prospective buyers, provided there is a concrete interest in purchasing, which can be evidenced for example by a power of attorney from the owner
- Creditors and banks, which assess the property as security
- Authorities and courts in the course of their duties
There is no free online direct access for private individuals. Electronic retrieval is essentially reserved for notaries, courts and certain professional groups. As an owner you have it easiest: your legitimate interest in your own land register is beyond question.
Application and costs: simple or certified extract
You apply for the land register extract at the land registry of the local court (Amtsgericht) in whose district the plot is located. You have several ways of doing so:
- In person on site with identification and a brief application
- In writing, stating the land register district and sheet number or the precise designation of the plot together with a statement of the legitimate interest
- Online via the justice portals of the federal states, which provide the relevant application forms
- Through a notary, who in any case obtains the current extract in connection with a purchase or financing
A distinction is made between two forms of extract. The simple land register extract is an uncertified copy and serves for information, for example for an initial review. The certified or official land register extract bears a certification note from the land registry and counts as a public document. Banks, authorities and notaries usually require this official form.
The fees are laid down in the Court and Notary Costs Act (Gerichts- und Notarkostengesetz, GNotKG), in the schedule of costs under numbers 17000 and 17001. They amount to 10 euros for the simple extract (uncertified printout or copy) and 20 euros for the certified, official extract. These nationally uniform fixed fees make the land register extract a manageable item. If you instruct a notary or a service provider, additional service costs may be added.
What you need a land register extract for
A current land register extract is indispensable in many situations. The most important occasions are:
- Selling a property: the extract evidences ownership, charges and encumbrances. The notary obtains a current extract before notarisation, and prospective buyers thus gain certainty about the legal position.
- Buying a property: buyers check who the owner is, which third-party rights exist and which land charges are registered.
- Financing and taking out a loan: banks require a current, usually certified extract in order to value the property as security and to be able to create a new land charge.
- Inheritance: the land register is needed to settle the estate and to transfer ownership to the heirs.
It is precisely when selling that it becomes apparent how much more smoothly a project runs when the documents are available early and in full. When we look after your property, we obtain and review the necessary documents together with you, including the current land register extract. In this way, open points such as land charges that are still registered but were long ago repaid can be clarified in good time, and the sale rests on a sound legal footing from the outset.
