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Land Registry - Costs, Rights & DutiesThe land register is an official register of all land of a municipality, which is administered by the local courts in all federal states except in Baden-Wuerttemberg.
In Baden-Wuerttemberg state land registries are responsible for this.
It lists all properties with their owners and any rights and burdens on them. When buying a property, the new owner is entered in the land register.
Land registry entry on the purchase of a property and a land
For a change in the land register, an application is generally required. For this purpose, in addition to the application form, further documents are necessary, these being the release and the authorization of the last owner, the tax declaration of non-objection and the pre-emption rights waiver.
In the claim, the buyer and the seller of the property confirm in front of a notary the assignment of the property. For this the notary is to pay a fee, which depends on the height of the purchase price. Both parties do not necessarily have to appear in person at the notary, they can also be represented by a proxy. The tax office issues on request a tax declaration of non - objection and a pre - emptive right of declaration of the
Municipality is also necessary for the land register change. With these documents, the application can be submitted to the district court. The application is subject to a fee, the amount of the fee depends also here on the value of the property.
Legally, the ownership of the property passes to the buyer only with the entry in the land register.
Since the processing of an application with the Land Registry Office can take several months, it is possible to have an opening flag up to the final entry. With this entry, the buyer can ensure that the property is transferred to him in the agreed condition. Such a notice of default is entered by a notary, to which, in turn, depending on the value of the property, different fees have to be paid.
Although the land register is a public record, only the owners, mortgagees, authorities, notaries, lawyers acting on behalf of a notary, surveyors and persons who have the owner's consent have the right to inspect. With a purchase interest in a property, however, no insight is possible.