Housing land register
The flat land register is Grundbuchrecht a special form of land registry in which no land but the land rights of home ownership in the sense of the German Condominium Act (WEG) is recorded.
General
The land register is a separate land register and not part of a land register. The common housing land register is a parallel to the attribution of several properties on a land register sheet (see § 4 GBO ) and differs from the attribution in that the residential property rights can belong to different people. In the division of a plot ( root plot ) in residential property which is basic paper sheet of the property according to § 7 para. 1, sentence 3 WEG of its own motion closed.
Procedure
At the same time, the land registry creates a special land register sheet in the form of the housing land register ex officio in accordance with Section 7 (1) WEG. The basis for this is a declaration of division in accordance with Section 8 of the WEG as well as the allocation plan and the certificate of closure from the building authority ( Section 7, Paragraph 4, No. 2 of the WEG).
In accordance with § 2 of the Ordinance on the creation and keeping of apartment and partial ownership land registers ( Housing Land Register Ordinance ; WGV), the word "Housing land register" must be put in brackets under the sheet number; In accordance with Section 3 of the WGV, the inventory contains the share of co-ownership in the property expressed as a numerical fraction . The following three departments contain the encumbrances like a normal land register in accordance with Section 4 WGV and Section 5 WGV . In particular, a flat land register in Division III can with mortgages , land charges or mortgages are charged.
Partial ownership land register
In the inscription, the word "partial ownership Land Registry" is put under the sheet number in parentheses when the private property of not residential purposes refers serving rooms. If the co-ownership share is associated with individual ownership of both an apartment and rooms not used for residential purposes and if one of these purposes does not obviously predominate, the land register sheet is to be designated as "Apartment and partial ownership land register" (§ 2 WGV). Since, according to Section 1, Paragraph 6 of the WEG, the provisions on condominium ownership apply accordingly to partial ownership, the provisions of Sections 4 ff. WGV also apply.
literature
- Oliver Elzer, My rights as an apartment owner: use, special use, administration, assembly, building, information , dtv Beck legal advisor, 2011, ISBN 9783423507356 .
