Land register

This article deals with the land register in the sense of a property register, for the land register in the sense of bookkeeping, see Buchführung # Journal (land register) .

The land register is a public register in which the land , land rights , the ownership structure and the associated burdens are recorded.

General

Land registers - if available - are kept worldwide by authorities or other government agencies according to certain rules. They are a more or less complete list of all properties in a district .

Germany

According to Section 3 Paragraph 1 Clause 1 GBO , each property in Germany has its own place in the land register, which is referred to as the land register sheet. This land register sheet is the land register for the property recorded in it in the sense of the substantive legal provisions of the BGB (§ 3 Paragraph 1 Sentence 2 GBO). For example, § 873 Paragraph 1 BGB requires that for the transfer of ownership of a property, for encumbering a property with a right and for the transfer or encumbrance of such a right, the real agreement of the person entitled and the other party on the occurrence of the legal change and the Entry of the legal change in the land register is required. The land register is to be understood specifically as the land register sheet affected by the change in law. According to § 4 GB order , each land register sheet consists of the inscription, the inventory and three sections. A booking obligation ensures that all properties are registered; only properties serving public purposes ("non-booking properties") are excluded from this (Section 3 (2) GBO).

Land registers are intended to register the ownership and legal relationships to land. Disclosure takes place against proof of legitimate interest, since essential contents of the land register such as the owner or the encumbrances cannot be made public to everyone interested in this.

history

Ancient and Middle Ages

The recording of rights to land has a long tradition. From the Ancient control are cadastral common. In the Middle Ages , land acquisitions or the transfer of ownership by a manor were recorded in so-called tradition codes , possessions in arable land . A famous land register is the Domesday Book , created in 1086 , which is one of the oldest registers of this kind that have survived today, in which William the Conqueror had all the property in his kingdom compiled.

In addition to the arable as directories of land a basic rule may be mentioned especially in the Middle Ages in the towns incurred city books regarded as a forerunner of today's land register. These official registers contain a wide variety of legal acts (from municipal privileges to municipal statutes to legal transactions between citizens).

Reception of Roman law

The reception of Roman law hindered the development and spread of registrations of real estate, since wherever local law did not contain any clear regulations, common law , which tended towards the informal property transfer, then applied. However, especially in some cities in which the city law was already differentiated, Roman law could not gain a foothold, so that the German law principle of abandonment with subsequent book entry - partly in the form of mixed forms - was retained.

Modern times

At the latest since the uncertainties in the ownership structure of land, which increased with the Thirty Years War , the need for appropriate records has grown. The early modern state satisfied this need with a systematic official book system which, in addition to real estate transactions (sales, mortgages), also secured dispositions under inheritance law (inventory books, wills books).

Germany

history

middle Ages

The Cologne shrine books , the oldest German land registers, were the forerunners of today's German land register . The first shrine book of this kind was introduced by the old town of St. Laurenz in Cologne around 1130, from where a 54 × 75 cm large parchment sheet with a colorful arcade of columns has come down to us. The parish Klein St. Martin I followed in 1136 with initially sporadic records. According to Manfred Groten , St. Laurenz sporadically recorded legal transactions in the “Geburhaus” (community center). The Cologne shrine system in the real sense only began with the shrine map of the citizens of Klein St. Martin I in 1136, when Archbishop Bruno II von Berg was in Italy. The decentralized shrine system in the individual parishes also led to a central shrine around 1160, the so-called aldermen's shrine ("carta civicum"). Mainly real estate transactions outside Cologne were recorded here.

Paving the way for further legal development were the Hamburg City Heritage Book (1248–1273), the Danziger Erbbuch (from 1357), the Ulmer Pfandbuch (from 1400) and the Pressburg Land and Sentence Book (from 1439). In 1472, Munich created a land register and land register order, which was continued in addition to the Bavarian Mortgage Book (1822) until 1900 and became the relevant land register from 1900 (by BayG of June 19, 1898).

Modern times

Historic land registry machine

An edict of September 28, 1693 regulated the hereditary and storage book for the royal cities of Berlin , Neukölln , Friedrichswerder , Dorotheenstadt and Friedrichstadt . The Prussian mortgage and bankruptcy code of April 14, 1722 regulated the mortgage system for the first time. It stipulated that a complete land and mortgage book should be set up at every court dealing with the mortgage system, which should contain all properties in the district with precise names and numbers. The name of the owner, the purchase title and the purchase price had to be attached to each property. In April 1748, the system of classification of creditors, taking into account the reason for debt, was eliminated and replaced by a pure priority principle based on the date of entry. It was now essential that the mortgagee should be entered first.

The so-called servitude books were kept in the Württemberg legal area. In these, for example, rights of way , easements or the right to use basements were recorded. The servitude books are still considered part of the land register today.

On December 20, 1783, the Prussian General Mortgage Regulations came into force for the entire Royal States , which introduced the registration principle. In January 1867 the mortgage was introduced. A first draft of the "land registry regulations for the area of the North German Confederation" was created in January 1868. He proposed two types of mortgages before, the mortgage and the mortgage . In May 1872, the land register regulation came into force as the “law on the acquisition of property and the encumbrance of land, mines and independent justice”, even before the substantive law of the BGB existed. As a result, the land and building tax books came to the fore as the basis for the land register, and the application principle was set as the topmost entry principle. The land registry consisted of a land registry judge, a bookkeeper and the necessary clerks and sub-officials (Section 20 (2) Prussian GBO). The first draft of the BGB in December 1887 indicated that the real estate law of the BGB requires a land register order that determines the formal procedure in land register matters. A revised version of the GBO partly took into account the proposals made by Alexander Achilles in an expert opinion in August 1894. The new real estate law came into force in March 1897, in most of Prussia on January 1, 1900, although the land registers were not created until later; in Bavaria only in October 1910. At the same time as the GBO, the BGB came into force. The new GBO had been in force since August 1935.

The term “land register” is not used uniformly in the German Civil Code (BGB) and in the land register order. According to Section 3 (1) GBO, each property is given a special place in the land register (land register sheet ) ( realfolium ); According to Section 4 GBO, however, several properties belonging to the same owner can also be recorded in a joint land register sheet ( personnel sheet ). In principle, there is a booking obligation; Only in the exceptional cases mentioned in Section 3 (2) GBO is a land register sheet for a property only created at the request of the owner or an authorized person. The land register sheet is to be regarded as the land register within the meaning of the BGB for the property. The land register principles apply .

Principles of property law

The principles governing property law also apply to the land register. The principle of publicity is guaranteed by the obligation to register in the land register ( § 873 BGB). The substantive principle of publicity concerns the public belief of the land register, the formal principle of publicity is realized through the right to inspect the land register . According to the principle of absoluteness , the rights entered in the land register apply against everyone; According to § 891 BGB, it is assumed that registered rights belong to those affected and that deleted rights do not exist. The principle of certainty is expressed in Section 3 Paragraph 1 Clause 1 GBO , according to which each property is given its own place in the land register, which is referred to as the land register sheet. This land register sheet is the land register for the property recorded in it in the sense of the substantive legal provisions of the BGB (§ 3 Paragraph 1 Sentence 2 GBO). A type requirement exists in the land registry because only a certain number of rights prescribed by law can be entered in the land registry ( numerus clausus ). The rights that cannot be registered include public charges ( Section 54 GBO) and construction charges . Only those entries may be made that are prescribed by a legal norm or that are expressly or tacitly permitted - for example because the substantive law links the entry with a legal effect. Finally, the principle of separation is guaranteed by the fact that, for example, in the case of a land purchase contract, the obligation transaction and the disposal transaction do not form a unit - even if it is a single legal transaction - but must be legally separated from each other.

The land register fulfills three functions through the principle of publicity:

• Transfer effect (§ 873 BGB): Every change in the legal situation in rem must be entered.
• Presumption of conformity (§ 891 BGB): The right entered in the land register is assumed to exist, deleted rights are assumed to be non-existent.
• Effect of good faith (§ 892 BGB): Anyone who relies on the incorrect land register to acquire a right is protected in good faith.

Land registry

The local courts are responsible as land registry offices for the properties in their district on the basis of the registration law.

As an exception to this, the state land registry offices in Baden-Württemberg took over the task of keeping the land register until December 31, 2017 . In the Baden legal area, these state land registry offices are located at the municipalities . The land registry officer is the responsible Baden official notary in the state service (judge- notary ) or, if one is assigned to the notary, a judicial officer in addition to the notary . In nine larger communities (Mannheim, Karlsruhe, Karlsruhe-Durlach, Heidelberg, Baden-Baden, Pforzheim, Konstanz, Lahr and Weinheim) the state land registries are located directly at the notaries' offices. In the Württemberg legal area, the land registers are kept by the district notaries . On April 1, 2012, the first centralized land registry at the district court of Emmendingen began its service, on July 1, 2012 the centralized land registry at the district courts of Achern, Tauberbischofsheim and Villingen-Schwenningen began operations. On July 1, 2012, electronic legal transactions were also introduced at these land registry offices, which means that not only the land registers themselves are kept by machine, but the basic files are also kept there electronically.

Electronic land register

The registration process Acceleration Act 1993 created the legal possibility to lead the land register in electronic form. The electronically managed land register can be viewed on the Internet ( Section 12 GBO applies here).

Automated retrieval procedure according to § 133 GBO

The "EDP land register" replaces the conventional paper land register ( § 133 GBO) and enables notaries and credit institutions in particular to (online) access to it (acceleration of the land register procedure). Contracts can be notarized more quickly, in the event of problems during the notarial certification, questions to the banking institute, etc. are possible at any time (inspection of the current land register status).

This accelerates the processing of, for example, a purchase contract , the financing , the notice of conveyance up to the final entry in the land register and the start of construction (within the limits set by the land register regulations).

Legal requirements:

The electronic land register is open on the one hand to notaries , authorities , courts , publicly appointed surveyors (group 1), and on the other hand to persons or bodies who have either been authorized by the owner to inspect the property or who have real rights to the property or who carry out foreclosure (group 2) and to inspect the land register according to § 12 , § 12a GBO and are entitled to make copies of the land register sheet.

All others must prove their legitimate interest (proven interest in buying / power of attorney from the seller / tenant). Special features apply to the press: In addition to the original regulatory purpose serving general legal transactions with real estate - with regard to the constitutionally guaranteed freedom of the press, which includes journalistic preparatory activities, the press also has a legitimate interest in knowing about the entries made for a specific property to obtain the legitimate interest required to allow access to the land register according to Section 12 (1) sentence 1 GBO .

Electronic land registers of the states and the federal government

country	Abbr.	Accession to the federal government	Website	Capital
Federal Republic of  Germany	D.	-	Tabular overview of the implementation status in the federal states (status: 17.03.2010)	Berlin
Baden-Württemberg	BW	1949 a , 1952	Land register data center Baden-Württemberg	Stuttgart
Bavaria	BY	1949	Land register inspection - BayernPortal	Munich
Berlin	BE	1990	The land register procedure in Berlin	-
Brandenburg	BB	1990	grundbuch.brandenburg.de	Potsdam
Bremen	HB	1949		Bremen ( de facto )
Hamburg	HH	1949	Automated land registry retrieval process	-
Hesse	HE	1949	Electronic land register EGB Hessen	Wiesbaden
Mecklenburg-Western Pomerania	MV	1990		Schwerin
Lower Saxony	NI	1949	The electronic land register (SolumSTAR)	Hanover
North Rhine-Westphalia	NW	1949	Internet land registry inspection	Dusseldorf
Rhineland-Palatinate	RP	1949	Electronic land register (SolumWEB)	Mainz
Saarland	SL	1957	The central electronic land register	Saarbrücken
Saxony	SN	1990	Retrieval procedure land register	Dresden
Saxony-Anhalt	ST	1990	Electronic land register Saxony-Anhalt	Magdeburg
Schleswig-Holstein	SH	1949	Electronic land register	Kiel
Thuringia	TH	1990		Erfurt

^a1949 the predecessor states Württemberg-Baden , Württemberg-Hohenzollern and Baden

Structure of the register

→ Main article : Department (land register)

In addition to the inscription (name of the district court responsible as land registry, details of volume and sheet), the land register contains an inventory (register) in which the location and size of the property are noted in accordance with the designation in the cadastre (according to district , corridor and parcel ). Furthermore, rights equivalent to land such as B. the residential property or the leasehold is recorded. Community rights (e.g. grazing rights on a community meadow) are also entered here. If the property presented in the inventory is the “dominant property”, i.e. the beneficiary, in relation to an easement , this can also be noted in the inventory ( active note ).

The inventory is followed by three departments .

First department

The first section contains the owners or leaseholds , if necessary stating the respective shares, the community or company relationship (for example “in community of heirs ” or “ as a civil society ”), and the basis of the entry.

Second division

The Second Department lists all charges and restrictions that are not entered in the Third Division: easements and limited personal easements , abandonment of reservations (for the period between completion of a property purchase agreement and its final execution) and restrictions ( insolvency - and executor endorsements , right of first refusal , right of residence , Remediation notes , usufruct , real burden , leasehold , contradiction , etc.). The objection to ownership is also entered in the second section.

Third department

The Third Division contains the liens : mortgages , land charges , mortgages (also securing mortgages , which can, for example, enter the tax for tax liabilities in a shortened procedure), and (very rarely) pension debt .

If the text of an entry in the land register refers to documents , the associated land register file , which contains copies or certified copies of the documents mentioned in the land register ( basic files ) (e.g. land charge deed ), is also part of the land register content.

Changes in the land register

Deletions in the land register do not mean that an entry will be removed, as every measure, including the completed one, must remain legible in the land register. Rather, the deletion is entered as a note for the corresponding right and the text entry of the right is "reddened" (as a "reading aid", but not constitutive for the deletion), i.e. either each line is underlined in red or the entire text block is crossed out in red. At the beginning of the introduction of the electronic land register, the "reddening" appear black in the printouts of the land register sheets. In the meantime, the "reddening" is also shown in red in the electronic land registers. Special columns are provided in the land register for both the deletion and any necessary changes.

Entries and other changes in the land register generally require an application (cf. § 13 Paragraph 1 GBO; Example: § 3 Paragraph 3 GBO) and the approval of the pre-registered person concerned; Exceptions to this principle can be found in § 22 , § 85 GBO.

The completion of the purchase of a property , the transfer of ownership (see conveyance ), requires entry in the land register. For this purpose, in addition to the application, the permit and the notarial deed attesting to the conveyance, a tax clearance declaration from the tax office , a waiver of the right of first refusal from the municipality and possibly other permits are required.

Public belief

→ Main article : Public belief

The public belief in the land register according to Art. § 892 BGB . After that, the correctness and completeness of the land register is faked in favor of the bona fide purchaser . However, only the acquisition of legal rights through commercial transactions is protected . In the inventory, public belief is limited to the information about the parcel names ; the information on size, location and type of economy are not included. This information is taken from the official register, usually the real estate cadastre .

Incorrect land register

There is no direct remedy against incorrect entries . The complaint can only result in the entry of an official objection or, in exceptional cases, an official cancellation.

However, the person charged with inaccuracy is entitled to have the land register corrected in accordance with § 894 BGB . However, this can only be achieved with the will of the registered person or by taking legal action against the registered person. The right to correction in rem does not expire (see, however, § 22 GBO).

Reservation and objection

In order to secure the granting or cancellation of properties, a reservation can be entered in the land register ( Section 883 (1) sentence 1 BGB). For example, a buyer's claim to the provision of ownership can be secured by entering a notice of ownership (notice of conveyance) before the actual transfer of ownership. Disposals that are made after the reservation has been entered about the property or right in question are ineffective vis-à-vis the entitled person insofar as they would thwart or impair their claim (“relative ineffectiveness”). The preregistration is ancillary to the entitlement secured by it .

If the land register does not correspond to all circumstances, i.e. is not completely correct, an authorized person must immediately register an objection to the correctness of the land register ( Section 899 (1) BGB). The objection is also a provisional entry, but in contrast to the reservation it is intended to secure an existing right in rem.

Right of inspection

→ Main article : Legitimate interest

In general, unrestricted inspection by interested parties of the existing entries and deletions is permitted in public registers such as trade , association , cooperative , partnership and property law registers . The Land Registry, however, is land registry insight because of the visible to everyone asset ( land ) and debt ratios ( land charges , mortgages , mortgage ) law by § 12 limited GUI.

The property owner and all rights holders entered in the land register who receive a land register message from the land registry in accordance with Section 55 (1) GBO have an unrestricted legitimate interest in this sense . This also applies to authorities , courts and notaries because of the obligation to provide administrative assistance ( Art. 35 GG) and publicly appointed surveyors .

Mere interest in buying property alone is not sufficient as a legitimate interest.

Austria

Page from the (no longer existing) manually kept land register of Mattersburg in paper form; deleted entries are underlined in red; the “cadastral number” is now called the “property number”, the “parcel” as “property”; the abbreviation "K.Nr." stands for conscription number

The creation of a general, comprehensive house directory began in Austria under Maria Theresa in 1770. Before that, too, there were not only land registers , validity and stock registers and the Burgenland Hotterbüchl , but also land registers in many lords. The work on the general house directory led to the numbering sections and a system of conscription numbers , they were the basis for further detailed surveys and measurements that led to the property tax cadastre and the creation of the cadastral communities. Since then, the boundaries of the cadastral communities have hardly changed, but the conscription numbers have been adjusted several times. The cadastral communities are not based on the property of the landlords , but on the boundaries of the local communities that belong together. The estates of the landlords, whose properties could be far apart, were not suitable for this.

The “tractatus de iuribus incorporalibus” from 1679 is considered to be the legal source for the beginning of the development. This text can be traced back to the preparatory work of Wolfgang Püdler for a land table draft from 1573. Another forerunner is the land register patent of September 1, 1765, Codex Austriacus (CA) VI, 748, then provisions of the General Civil Code ( ABGB ), preparatory work for a land register law in Vormärz and the General Land Register Act, the instruction on the implementation of the general land register law, and a series of implementing laws for individual crown lands . The General Land Register Act (GBG) of 1955 followed later, as well as the Land Register Conversion Act (GUG), which regulates the conversion of the manually kept land register to EDP (the conversion was completed in 1992), the Real Estate Division Act (LiegTG) and the like. a.

In Austria, the land register is kept by the district courts . As a rule, judicial officers are responsible for keeping the land register or for implementing the necessary court decisions (incorporations). The land register is kept across the board in digital form (so-called "ADV land register"). The basis for this is the Federal Act of November 27, 1980 on the conversion of the land register to automated data processing (Land Register Conversion Act), Federal Law Gazette No. 550/1980 .

Ledger

For each cadastral municipality there is a public register called the main ledger , which contains for all properties (land register deposits, several plots of land belonging to the same owner with the same encumbrances are usually combined into one such land register deposit):

• Good inventory sheet (A sheet) , which in turn consists of two sections (A1 and A2 sheet):
  • In the A1 sheet, those properties (parcels) are entered with their numbers, their areas and types of use (such as LN [= agricultural land] or building area) that belong to the owner (s) entered in the B sheet. However, areas and types of use are not binding here; this information comes from the cadastre - linked with the land register - or from other historical sources (which means that they do not always match the cadastral area).
  • In addition to other entries, the A2 sheet mainly shows which rights are associated with the registered properties. That can be B. easements (servitutes) , which have individual or all properties of this land register deposit at the expense of other (third-party) properties.
• Ownership sheet (B sheet) : The owners can be seen here, as well as the shares (expressed in fractions) if there is co-ownership . Any rankings are noted here, and any sales bans (which are entered in the C-sheet) are made visible here for additional orientation.
• Load sheet (C sheet) : The main entries here are:
  • Servitute (easements) to the detriment of real estate entered in this deposit, including the
    • respectively entitled land in other deposits or
    • Management company (e.g. electricity, gas, water)
  • Liens for debts secured land register, so verbüchert are
  • Real burdens such as those who have just finished, encumbrance and sale bans, pre- or repurchase rights

In the course of the re-creation of the land registers, the land register deposits received newly created sequential numbers, which as a rule no longer had anything to do with the numbers of conscription numbers, land ownership sheets, cadastral records, etc. used until then. Since it was a (further) numbering system for administrative purposes in Austria and before that the term conscription number was common in such contexts , these numbers were given the new term deposit numbers. Even if the previous real estate sheets were retained for the creation of the land register deposits (which was legally permissible), the numbers of the ownership sheets had to be crossed out. Entries that are no longer up-to-date can be found in the directory of deleted entries .

Document collection

The documents , which formed the basis for the entries, are kept in the document collection. The document collection has been gradually converted to the electronic document archive since 2005. All certificates are now stored in the electronic archive and can be queried online. Documents that were too large (e.g. sketches, plans, etc.) were often not scanned; instead, a referral sheet is stored online, which can be accessed without costs. In order to view these documents, the responsible district court must still be visited. For some time now, the certificates can be called up with or without an official signature. However, only files in PDF format with a maximum file size of 1 MB can be signed.

Special land registers

The following former special land registers have since been abandoned:

• Land table for former aristocratic goods The land table was transferred to the general land register in accordance with Section 24 of the Land Register Conversion Act (GUG), Federal Law Gazette No. 550/1980, after it was recorded using EDP. With the conversion of the entire Austrian land register, the land table was abandoned.
• The mining book still exists today, but real estate according to the mining law 1975 (Federal Law Gazette No. 259/1975) is no longer the subject of entry in the mining book. Only mining authorizations are entered in the mining book (according to §§ 40 to 43 Mineralrohstoffgesetz, Federal Law Gazette I No. 38/1999, as amended by Federal Law Gazette I No. 84/2006 [as of October 14, 2006]), similar to what has always been in Water book .
• The railway register as a special land register was repealed on May 7, 2012 on the basis of the Federal Law Gazette I No. 100/2008 . The entries were transferred to the general land register, with some special features of the railway register being retained.

In some federal states (e.g. Styria) the public property was not booked into the books and could therefore not be found in the land register. These properties were kept in so-called auxiliary registers, which were stored in the electronic land register under the deposit numbers 50000, 50001, 50002 and 50003. Due to the Federal Law, Federal Law Gazette I No. 100/2008 , this storage content was declared part of the land register as of May 7, 2012 (electronically booked).

All properties in Austria are now entered in the land register.

Publicity

The land register is a public book: anyone can inspect the land register and have extracts drawn up, including those of other people's properties. Proof of a special (legal) interest (as in Germany) is not necessary. Since July 1, 1999, queries (for a fee) have also been possible via the Internet. The Federal Office for Metrology and Surveying was responsible for handling these queries until 2009 , since then the competence has been transferred to the Federal Ministry of Justice .

Book-like principle of trust

Everyone can trust that the entries in the land register are correct and complete (material disclosure principle: what is entered in the land register applies. What is not entered in the land register does not apply). There are, however, exceptions to this principle, as in the case of obviousness, but also within the framework of agricultural regulations, e.g. B. According to § 51 of the Agricultural Community Act of Styria (similar in other Austrian countries): A legal situation that has been created by decisions of the agricultural authority or corresponding declarations by the parties is also binding for legal successors. This situation is pointed out in the land register through notes, and announcements about such procedures are also made in special bulletins (Grazer Zeitung, etc.).

Book rights can only be acquired, transferred, restricted or revoked (with few exceptions, e.g. prescriptions) if this is entered in the land register (registration principle, intabulation principle).

If rights to a property have been acquired or lost in deviation from the land register status, the land register must be corrected ex officio or upon request. In principle, the trust of the purchaser in good faith, paid for, in the correctness of the land register is protected (§ 1500 ABGB). However, the judicature makes relatively strict demands on this good faith, for example in the case of "obvious" land servants, discrepancies between the land register and the collection of documents, etc. Ä.

Switzerland

Land register survey point in Splügen GR

In Switzerland, the management of the land registers and the operation of the land registry offices are the responsibility of the cantons , while the federal government has overall supervision .

Each canton keeps its own land register, consisting of a diary, general ledger, plot of land, documents and the auxiliary registers. The land register registrations, i.e. planned changes, are recorded in the diary in the order in which they are received. The main ledger is the entirety of all land register sheets. Each land register sheet contains chronologically all data on the purchase and sale of the property and the buildings on it, as well as all related rights and obligations. The plot of land shows the exact geographic information and comes from official surveys. The supporting documents concern sales contracts, easement contracts, and others. The auxiliary register consists of the creditor register and the owner register; the land register sheets can be assigned to the creditors and the owners .

Other states

• In England and Wales there are basic books ( English country registry ), the proportion of unregistered land is much higher than in Germany. The land registry is codified in the Land Registration Act 1925 and Law of Property Act 1925 , which went into effect in January 1926. Since formally all land belongs to the crown , strictly speaking there is no ownership, but more or less extensive rights to a property.
• In France , the land register ( French registre foncier ) is subject to the publicity of the land register, whereby legal transactions are to be established in the form of public documents ( French acte authentique ) (certification).
• In Italy , the land register ( Italian catasto ) shows the status and transfer of Italian real estate according to Art. 51 Para. 1 Legge No. 218 of May 31, 1995, real estate can be contracted according to Art. 1376 ff. CC ( Italian accordo acquisto di terreni ). Property owners and building owners do not have to be identical (Art. 934 CC).
• In the US , the lack of a land register has serious consequences. In individual districts there are land registers ( English land registration ), the documentation of which, however, cannot make any reliable statement as to whether the property seller is actually authorized to dispose of the property as the owner. The entry of a property purchase ( English real estate sales agreement ) in the land register is not legally required. The purchase contract regulates that the seller transfers ownership of the property in question in the future by handing over a deed of transfer ( English warranty deed ) to the buyer, while the latter promises to pay a certain purchase price on certain terms of payment. It must be in writing, but does not yet result in a transfer of ownership. The actual transfer of ownership ( English closing ) found months later in front of a "escrow agent" or "settlement agent" instead.

literature

Germany

• Clemens Stewing: History of the land register . In: Rpfleger (Der Deutsche Rechtspfleger) 1989, pp. 445–447.
• For history and international comparison: Walter Böhringer. In: Georg Meikel, Horst Bestelmeyer: Land Register Law , Vol. I, 9th edition. Munich 2004, ISBN 3-472-04533-7 , p. 1 ff.
• Josef Rieder, Stefan Rieder: Reservation and objection in real estate transactions. Deutscher Sparkassen Verlag, Stuttgart ⁵ 2005, ISBN 3-09-305337-4
• Johann Demharter: Land Register Regulations. GBO commentary with the text of the land registry order and other regulations. 28th edition. CH Beck, Munich 2011, ISBN 978-3-406-62409-4 (only as an example for a number of comments on the GBO).
• Hartmut Schöner, Kurt Stöber: Handbook of Legal Practice, Volume 4: Land Register Law. 15th edition. CH Beck, Munich 2012, ISBN 978-3-406-61301-2 .
• Harald Wilsch: The land register regulation for beginners. 1st edition. CH Beck, Munich 2011, ISBN 978-3-406-60446-1 .
• Roland Böttcher: The development of land register and real estate law up to June 2012 (following the previous article “… in 2011”, NJW 12/2012, p. 822), NJW 38/2012, p. 2769.

Austria

• Federal law of February 2, 1955 on land registers (General Land Register Act 1955 - GBG 1955), Federal Law Gazette No. 39/1955 , last amended from May 1, 2012 by the land register amendment 2012 - GB-Nov 2012, Federal Law Gazette I No. 30/2012 , abbreviation of the GBG legal regulation (attention to the current status of the training).
• Erich Feil, Karl-Heinz Marent, Gerhard Preisl: Land register law . Linde Verlag, Vienna 2005, ISBN 978-3-7073-1304-8 .
• Georg Kodek (Ed.): Commentary on the land register law . Verlag Manz, Vienna 2009, ISBN 978-3-214-00444-6 (also available as online commentary).
• Herbert Hofmeister : The basics of real estate acquisition in the development of Austrian private law since the 18th century. Manz Verlag, Vienna 1977, ISBN 3-214-06244-1 .

Switzerland

• Swiss Ordinance of February 22, 1910 on the Land Register (GBV)
• Daniel Steudler: The evaluation of the national land administration system in Switzerland. In: INFO V + D 3/2004, Eidgenössische Vermessungsdirektion, p. 14ff, cadastre.ch (PDF; 117 kB)

Web links

Commons : Land Register  - collection of images, videos and audio files

Wiktionary: Land register  - explanations of meanings, word origins, synonyms, translations

Germany

• Justice portal of the federal and state governments for the electronic land register

Austria

• Basic information from the Austrian Federal Ministry of Justice
• Overview of the officially authorized inquiry points in Austria
• Official assistant for Austria
• Instructions for entry in the Austrian land register

Individual evidence

1. ^ Walter Böhringer, in: Georg Meikel, Horst Bestelmeyer: Grundbuchrecht , Vol. I, 9th edition. Munich 2004, Rn A19., Lexikon des Mittelalters , Vol. 5, Sp. 1061.
2. ^ Walter Böhringer, in: Georg Meikel, Horst Bestelmeyer: Grundbuchrecht , Vol. I, 9th edition. Munich 2004, marginal A23.
3. ^ Walter Böhringer, in: Georg Meikel, Horst Bestelmeyer: Grundbuchrecht , Vol. I, 9th edition. Munich 2004, marginal A24.
4. ^ Walter Böhringer, in: Georg Meikel, Horst Bestelmeyer: Grundbuchrecht , Vol. I, 9th edition. Munich 2004, Rn A26; Karl Shippel: The currency and mortgage books Kurhessens. At the same time a contribution to the legal history of the cadastre. Marburg 1914; Reinhard Heydenreuter, court and official minutes in Old Bavaria. On the development of the judicial and landlord official system , in: Mitteilungen für die Archivpflege in Oberbayern 25/26 (1979/80), pp. 11–46.
5. ↑ Peter Fuchs (ed.): Chronicle of the History of the City of Cologne , Volume 1, 1990, p. 122.
6. ↑ Manfred Groten: The beginnings of the Cologne shrine system , in: Yearbook of the Cologne History Association , Volume 56, 1985, p. 4 ff.
7. ↑ Julius von Staudinger , Rudolf Ertl, Karl-Heinz Gursky, Hans-Dieter Kutter: Commentary on the Civil Code , 1983, p. 38.
8. ↑ Leopold-Michael Marzi, The Law of the Pfandbriefe and Mortgage Banks in the Past and Present , 2002, p. 7
9. ^ Association for the History of the Mark Brandenburg, Research on Brandenburg and Prussian History , Volume 46, 1934, p. 38.
10. ↑ Leopold-Michael Marzi 2002, p. 8.
11. ↑ Significance of the servitude books in Baden-Württemberg Small request to the state parliament of Baden-Württemberg from January 20, 2015.
12. ^ Horst Heinrich Jakobs / Werner Schubert, Property Law III: Land Register Regulation , 1982, p. 14
13. ↑ Hans Josef Wieling, Property Law , 2007, p. 268 f.
14. ↑ BGHZ 116, 392, 399 f.
15. ↑ Federal Court of Justice: Decision of August 17, 2011 - V ZB 47/11
16. ^ Wilhelm Brauneder : Land register and co-ownership in the "Tractatus de Iuribus Incorporalibus" . In: Savigny-Zeitschrift für Rechtsgeschichte , German Department ISSN  0323-4045 , Volume 94. Böhlau, 1977, pp. 218-227. Digital version 2012 ( Memento from May 19, 2014 in the Internet Archive )
17. ^ Rudolf Palme: The "Tractatus de juribus incorporalibus" from 1679 as a forerunner of the Austrian land register law. In: Werner Ogris , Walter Rechberger (Ed.): Gedächtnisschrift Herbert Hofmeister . Verlag Manz, Vienna 1996, ISBN 3-214-06131-3 , pp. 535-548, here p. 536.
18. ^ Quoted from: Alfred Waldstätten: State Courts in Vienna since Maria Theresa. Contributions to their history. A manual. Research and contributions to the history of the city of Vienna, series of publications by the Association for the History of the City of Vienna, Volume 54. StudienVerlag, Vienna 2011, ISBN 978-3-7065-4956-1 , p. 33.
19. ^ Rudolf Palme: The "Tractatus de juribus incorporalibus" from 1679 as a forerunner of the Austrian land register law. In: Werner Ogris , Walter Rechberger (Ed.): Gedächtnisschrift Herbert Hofmeister . Verlag Manz, Vienna 1996, ISBN 3-214-06131-3 , pp. 535-548, here p. 543.
20. ↑ Österreichisches Reichsgesetzblatt No. 95/1871, law of July 25, 1871, pages 241-264
21. ^ Ordinance of the Ministry of Justice of January 12, 1872, Reichsgesetzblatt No. 5/1872, pages 11-22.
22. ↑ Collected z. B. with A. Pitreich: The general land register law including the instructions on the same, the regulations on railway books, mountain books and naphtha books, the laws on the creation of new land registers along with all other relevant laws and ordinances and the decisions of the Supreme Court. Vienna, several editions, publisher of the Manzschen kuk Hof-Verlags- und Universitäts-Buchhandlung .
23. ^ Ordinance of the Ministry of Justice of February 8, 1875, LGBl. No. 13 , for the Kingdom of Bohemia. Page 28 Sections 43–45 . The law of December 5, 1874, LGBl. No. 92.
24. ↑ Conversion of the document collection of the land registry courts
25. ↑ ^{a b} New land register - information sheet change on May 7, 2012 , Federal Ministry of Justice, accessed on January 2, 2019
26. ↑ Ordinance of the agricultural district authority for Styria of June 26, 2013, 2 K 6 / 42-2013: Grazer Zeitung, Official Gazette for Styria. 26th issue, issued June 28, 2013. 209th year 2013. ZDB -ID 1291268-2 . P. 402.
27. ↑ Information on land registry administration (Association of Land Register Administrators). Retrieved April 15, 2019 . 
28. ↑ Carlos Anglada Bartholmai u. a., Handbook of Real Estate Law in Europe , 2015, England, Rn. 44
29. ↑ Carlos Anglada Bartholmai u. a. 2015, France, marginal no. 121

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