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Divisions of the land register (Abteilungen des Grundbuchs)

The land register is divided into three sections, designated by Roman numerals, i.e. Section I. (ownership), section II. (restrictions and encumbrances) and Section III. (land charges, mortgages, annuity debts).

  1. The owner is entered in Section I. before the inventory, in which this property is described with the parcel, cadastral parcel, type of business and location as well as size. The type of entry may be one-time conveyance, succession or an award decision in auction proceedings. Conveyance means the agreement between seller and buyer on the transfer of ownership.
  2. Section II. contains the encumbrances and restrictions on this property, unless they are entered in Section III. Encumbrances include, inter alia, easements according to §§ 1018 ff. BGB, charges on real property, pre-emption rights, usufruct, hereditary building rights, rights of permanent residence and rights of permanent use as well as priority notice of conveyance. Restrictions refer to notices concerning foreclosures or insolvencies, successors, executors as well as reorganisations and reallocations. If there are management and use regulations for co-ownership, these are also entered in Section II.
  3. Section III contains notes on mortgages, land charges and annuity debts. In practice, the most important are the registered land charges. If construction financing for the acquisition of this property or the renovation of the house is carried out on the property, the bank will usually register a land charge as security in Section III.

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