Editorial update: · Richter Immobilien-Transaktionen
A registered right of residence does not automatically prevent a house sale. It does affect how a purchaser can use the property, the financing available and the achievable price. Start with the exact land-register entry and the deed that created the right.
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Identify the precise right
A residential right under section 1093 BGB permits the agreed residential use of a building or part of it to the exclusion of the owner. Different arrangements are informally described as a right to live in a property. Family recollections or an old contract heading are therefore not enough.
Check the rooms covered, shared use of gardens or parking, duration, cost allocation and conditions. A usufruct can extend further, including the ability to receive rental income. Marketing and valuation must distinguish these rights.
Sell with the right or reach an agreement first
If the right remains in place, the purchaser must allow for it. Immediate personal occupation of the affected rooms may be unavailable. The buyer group can therefore differ from that for a freely usable house. Selling the property alone does not remove the registered right.
The owner and beneficiary can alternatively discuss a voluntary amendment or cancellation. The owner has no automatic entitlement to such an agreement. Consult the notary before marketing, including any compensation and tax issues. A hoped-for agreement is not a secured condition of sale.
Assess the effect on value
A standard discount of, for example, 20% or 30% is not a dependable valuation. Relevant inputs include the unencumbered value, affected area, economic benefit of use, agreed responsibility for costs and duration. A lifetime right requires different assumptions from one with a fixed remaining term.
Section 47 ImmoWertV addresses rights and encumbrances using suitable comparable data or their economic effects. A calculated figure does not establish what actual buyers and lenders will accept. Tax valuations and market valuations can also serve different purposes.
Collect documents for a reliable assessment
- A current land-register extract with the complete entry.
- The deed creating the right and subsequent amendments.
- Plans clearly identifying affected rooms and shared areas.
- Agreements on running costs, maintenance and any payments.
- Existing arrangements for termination, alternatives or possible cancellation.
The legally documented scope matters to a purchaser, not merely the way the right is currently exercised. Our guide to rights and encumbrances in the land register explains the broader context.
Moving out does not automatically cancel the right
A move to another home or a care facility does not, by itself, establish that the right has ended. The specific deed and legal circumstances determine the position. A verbal assurance is also insufficient to promise a reliably unencumbered handover.
For cancellation by legal agreement, section 875 BGB generally requires a declaration relinquishing the right and deletion from the land register. The notary checks the declarations, evidence and implementation. Do not promise vacant availability until this route has been clarified.
Build a realistic sale process
First agree with the people involved which use of the property is intended to continue. Valuation, buyer selection and viewings can then follow that position. Disclose the encumbrance early so that financing difficulties do not emerge only shortly before the notarial appointment.
If the property came through a family transfer, our guide to passing on a house through inheritance may help organise the background. An initial sales enquiry needs the property type, postcode and timeframe. The exact legal position can then be checked from the documents with the appropriate professionals.
