Department (land register)

In German land register law, departments are the various self-contained sections of a land register sheet that serve to structure it .

General

The multitude of real rights that can be entered in a land register requires a subdivision of the land register in order to maintain clarity so that groups of related rights can be entered separately from other rights. The legislator had the enactment of the Land Registry available decided (GBV) in April 1936 for the real estate property as an absolute right a separate department, the department one to devote. The objective in relation to each other "loads and restrictions" are in department 2 noted during liens the department 3 are assigned. In practice, the spelling “Department I”, “Department II” and “Department III” is often used, with the serial number of the entry reflecting the priority of a right in the respective department (“Department III / 1” is the first priority standing mortgage in section III).

structure

The legal basis for the structure of the land register and its departments are in particular § § 4 , § 9 , § 10 and § 11 GBV. The land register is therefore divided into three parts, the inscription , the inventory and three sections :

Inscription or cover sheet

contains the name of the responsible local court ( land registry as a department of the local court), the land register district and the number of the land register sheet.

Inventory

Here the properties are recorded with the information given by the official cadastre . This includes the district , corridor , parcel as well as information on the location (e.g. Im Oberhagen or Hauptstraße 11 ), type of use and size . An active note is also entered here if necessary .

Department 1 (owner)

The ownership structure of the property (s) booked in this land register sheet is recorded here. The owner as well as the date of entry and the reason for the transfer of ownership are noted. Possible reasons are e.g. B. conveyance , succession or awarding of contracts in the foreclosure auction. Owners can be natural or legal persons . If there are several owners, their community relationship, e.g. B. in fractions or in community of heirs .

Department 2 (Burdens and Restrictions)

Contains all encumbrances and restrictions on the property with the exception of mortgages (see Section 3).

• Loads:
  • Easements
    • Easements
    • limited personal easements
      • Housing rights
      • Housing rights
  • Usufruct
  • Real loads .
  • Heritable building rights
• Limitations:
  • real right of first refusal
  • Reservations
  • Objections to entries in section 1 and 2.
• Restrictions on disposal mean that disposal is only possible with the cooperation of third parties:
  • Insolvency , forced administration , foreclosure , executor , subsequent heir , restructuring and reallocation notice .

Department 3 (mortgages, land charges, pension debts)

Note of liens : mortgages , mortgages , land charges and annuity charges and appeals against entries in this department.

Precedence

By entering multiple rights, there is a ranking of these rights within departments II and III and between the two departments , but also the rights in both departments. This ranking is important for any foreclosure auction of the property. Either the tense principle or the locus principle applies .

Web links

• Sample sheet of an inscription
• Sample sheet of an inventory
• Sample sheet I. Department
• Sample sheet II. Department
• Sample sheet III. Department

Individual evidence

1. ↑ Egon Leimböck, Klaus Heinlein: Law and economics in the planning and implementation of building projects. Volume 1, Bauverlag, Wiesbaden / Berlin 1994, ISBN 978-3-322-84895-6 , p. 54 f. ( Digitized version ).

Please note the information on legal issues!