1. Real estate cadastre
The real estate cadastre is the official institution of the registers of the properties. It is a Land matter (section 2(1) GBO). The real estate cadastre consists of the cadastral map series and the cadastral books. The cadastral map series shows the land and buildings in the urban area. They are described in the cadastral books. The evidence in the real estate cadastre about the shape, size and public location of the properties and about the type and delimitation of types of use is based on the results of surveys (cadastral surveys) and local surveys. The real estate cadastre is kept up to date by updating. "Land area parts" are designated in parcel(s) and district(s).
2. Changes to real estate.
The real estate cadastre is kept up to date by taking over all changes to the registered properties and by correcting erroneous information. Changes in the real estate register may result from:
- Cadastral surveying, ascertainment and local surveys by the land surveying offices.
- Other processes notified to the land surveying offices by other bodies
- Land readjustment measures (reallocation, boundary setting in accordance with the Building Code)
- Procedures under the Land Consolidation Act
- Changes in site designations
- Court decisions
- Transfers of ownership or surveying.
Corrections are made in particular in the case of:
- an error in the cadastre, a recording error
- an area correction
- a drawing, recording, clerical or arithmetical error (without effect on the details of the parcel area)
- in the case of similar obvious inaccuracies
3. Changes in the inventory and boundary
A change in the existence of parcels occurs when a new parcel is created or when an existing parcel ceases to exist. In the case of a change in the boundary of a parcel, the parcel is enlarged by an addition of area or reduced by a subtraction of area. Such changes and alterations of the parcel number and the parcel area usually result from the division or merger of parcels.
The cadastral division of a parcel into several independent parcels as well as the separation of a parcel under temporary autonomy (tributary parcel). It is carried out either together with a corresponding legal division of the land (depreciation of a part of the land) or without such division (division of a parcel without division of the land). A land division without land division may be carried out for cadastral reasons and without the owner's consent.
A merger is the cadastral amalgamation of a parcel or part of a parcel with another parcel or part of a parcel to form a single parcel. This combination of areas into one parcel with merger is intended to keep the number of parcels as low as possible and to form only one parcel of a locally contiguous, uniformly cultivated land area of an owner. The merger presupposes that the parcels to be merged are parts of the same property in the legal sense.
d) Proof of change/information
Changes in the cadastral description of the parcels are changes in the location designation, the type of use, the areas of the parcel sections, the description of the buildings. Such changes to real estate in the inventory, in the boundaries and in the description are notified in an extract to the land registry as an update of the real estate cadastre (proof of change). The land registry shall record such changes in the inventory.
The land registry shall notify the real estate cadastre of changes insofar as they entail a change in the land register through the unification of several parcels of land into one parcel of land in the legal sense under section 890, paragraph 1 of the Civil Code and through the addition of one parcel of land to another parcel of land under section 890, paragraph 2 of the Civil Code. In addition, the real estate cadastre receives a message from the land registry if the ownership structure has changed.