General Mortgage Regulations for the entire Royal States

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The General Mortgage Order for the entire Royal States was the legal basis for the establishment and management of the land registers in the Kingdom of Prussia . It was issued on December 20, 1783 and was dealt with by the Prussian land register regulation of May 5, 1872 . The motto was: Quod non est in actis, non est in mundo. (What is not on file does not exist in the world.)

It initially only referred to the royal official villages and did not apply to the noble and city estates. For the first time, real estate and mortgage files were introduced, which were kept and deposited with the court, the Domainen-Justiz-Amt , (in the files often abbreviated as DJA). Around 1808, such files were also required for noble estates and their tenants. This dish was called

Land contracts (purchase and inheritance lawsuits) were negotiated and drawn up in the presence of two land jury appointed by the court and who assessed the property ("imo- and mobilar") with the associated " pertinentien " ("taxed").

In 1783/84 a court record was made for each leaseholder to determine the inheritance relationships. The following were found:

  1. Location, boundaries and " Pertinentien " (= accessories) of the property (with naming of neighbors).
  2. Owner and his "titulus possessonis" upon presentation of purchase or inheritance contracts. These contracts were listed as Copia vidimata (= certified copy) with the attached files and often provide information about decades of the past before 1783.
  3. Value of the property (often based on the insurance value of the fire society).
  4. Debt and real liabilities (Onera including guardianship).

After the record was recorded by the Actuarius (= court clerk), the court was assigned a file number that the owner had to acquire within 8 days of punishment and to post above his front door. This number was initially identical to the number in the Praestations table.

literature

  • Adalbert Goertz: To the establishment of the real estate and mortgage files - 1783, in Altpreußische Geschlechtkunde , Hamburg 2006, vol. 36, 265-278.
  • Adalbert Goertz: From the basic and mortgage files from Neuchâtel, Kr.Schwetz, West Prussia , in: Ostdeutsche Familienkunde , Degener-Verlag 2001, Vol. 16, pp. 26–34, 63–70, 85–95.