The land register tells the truth about your property—provided you can read it. At first glance, a land register extract may seem unwieldy, but it always follows the same fixed structure: a heading, the inventory register, and three numbered sections. Anyone who knows what belongs in which part can see within a few minutes who owns the property and what encumbrances affect it. We will guide you through the document section by section and explain what you, as a seller, should pay particular attention to.
How a Land Register Sheet Is Structured
The structure is prescribed by law. Every land register sheet consists of the heading, the inventory register, and three sections (§ 4 GBV). This order is the same throughout Germany—regardless of whether your extract comes from Bavaria or Schleswig-Holstein.
- Heading: identifies the responsible land registry office and the reference (district, volume, sheet).
- Inventory register: describes the property itself—location, size, parcel.
- Section I: who the owner is.
- Section II: encumbrances and restrictions, with the exception of land charges.
- Section III: land charges, namely mortgages, land debts and annuity land charges.
As a rule of thumb for sellers: Section I states who may sell. Sections II and III state what interests the buyer and their financing bank.
The Heading: Where Your Land Register Sheet Is Kept
The heading is at the top of the document. Here you will find the competent local court acting as the land registry office, the land register district (usually the cadastral municipality), and the volume and sheet numbers. These details are your unique address in the land register: your property can be located at any time using the district and sheet number. The heading has no bearing on the content, but it is essential for allocation.
The Inventory Register: Which Property Is Meant
The inventory register describes the property in question. The designation comes from the official register—the real estate cadastre—and includes the cadastral municipality, cadastral section and parcel, the type of use and location (street, house number or customary local designation), as well as the size in square metres (§ 6 GBV).
Check here whether your entire property is actually recorded. If it consists of several parcels, these are listed underrecorded under their own consecutive numbers. Three details are important for sellers:
- Land-equivalent rights such as an heritable building right are recorded in a separate heritable building rights register – if you sell such a right, the regular land register sheet of the property is not authoritative.
- In the case of a condominium, the inventory register of the condominium register shows the co-ownership share in the land, combined with separate ownership of a specific apartment.
- A dominant note indicates that your property holds a right in a foreign property – for example, a right of way across the neighboring property. Such rights increase the value and transfer with the sale.
Section I: Who the owner is
The first section documents the ownership structure (§ 9 GBV). The owner or – if there are several – all owners are entered, together with the basis for the registration: generally the conveyance (the transfer of ownership upon purchase), succession in the event of inheritance, or the acceptance of the bid after a compulsory auction.
For sellers, this section is crucial, because only the person registered here can sell effectively. If the property belongs to several people, the land register distinguishes how they hold their interests: as co-owners of fractional shares with fixed percentages (for example, “1/2 each”) or as a community “of heirs”. In both cases, all owners must participate in the sale and sign the purchase agreement. Anyone wishing to sell after an inheritance should check whether the land register has already been updated to reflect the heirs – otherwise, this step must be completed before the sale.
Section II: Encumbrances and restrictions
The second section is the centerpiece of the extract for sellers. It lists all encumbrances and restrictions affecting the property – with one exception: mortgages, land charges and annuity charges do not belong here, but in Section III (§ 10 GBV). Typical entries include:
- Easements: rights in favor of another property, such as a right of way for pedestrians and vehicles, a utility easement or an obligation to tolerate something.
- Right of residence and usufruct: personal rights of use, often in favor of relatives. A lifelong right of residence can make a sale considerably more difficult and depress the price.
- Real burden: recurring obligations arising from the property, typically a life annuity or a care and Service obligation.
- Pre-emption right: the right of a third party to purchase as a priority in the event of a sale.
- Priority notice of conveyance: secures a buyer’s claim to the transfer of ownership – it appears while a transaction is ongoing.
- Annotations and restrictions on disposition: such as an annotation regarding a subsequent heir or executor of a will, or an insolvency or restructuring annotation.
The principle: What is recorded here generally remains attached to the property and passes to the buyer. The new owner must tolerate a registered right of residence or right of way. Disclose such encumbrances at an early stage – they belong in the sales brochure and the purchase agreement, not as an unpleasant surprise shortly before the notary appointment. The order (priority) of the entries may determine which right takes precedence in case of doubt.
Section III: Land charges
The third section records the land charges: mortgages, land charges and annuity charges (Section 11 GBV). As a rule, they secure the property loan taken out by you or a previous owner. The most common today is the land charge, because it is flexible and reusable; the classic mortgage, on the other hand, is firmly tied to a specific claim and decreases as that claim is repaid.
A widespread misconception: Anyone who has repaid their loan in full might think their land charge would disappear automatically. That is not true. The land charge remains registered until it is formally deleted – for this, you need a cancellation authorization from the bank and a certified application to the land registry. If Section III still contains an old, long-repaid land charge, this is no cause for concern, but it is something to address when preparing for the sale. Buyers and banks generally expect a transfer free of encumbrances: Existing land charges are either redeemed or deleted as part of the transaction – usually through the notary using the purchase price.
Underlining in red means deleted
A practical reading aid: Deleted entries are not removed from the land register, but marked. In the classic land register, they are underlined in red (“red-lined”); in a computerized printout, they are underlined or explicitly identified as deleted. An entry that is crossed out or underlined therefore no longer applies. Anyone who overlooks this may mistake a long-settled encumbrance for a current one.
Why the land register is binding
Why is careful reading worthwhile at all? Because the land register enjoys public faith. In favor of anyone who acquires a right to a plot of land through a legal transaction, the content of the land register is deemed correct (§ 892 BGB). A bona fide buyer may therefore rely on the entries. What is recorded in the land register counts legally—and what is missing may be unenforceable against them. That is precisely why the current status of your sections is so important.
Incidentally, not everyone may inspect the land register: Inspection is permitted only to those who demonstrate a legitimate interest (§ 12 GBO). As the owner, you always have this interest; a prospective buyer generally has it only with your consent or through the commissioned notary.
FAQ about the land register excerpt
What is the difference between Section II and Section III?
Section II contains all encumbrances and restrictions except real estate liens—for example rights of way and rights of residence, usufruct, real burdens, or rights of first refusal. Section III is reserved exclusively for real estate liens, i.e. mortgages, land charges and annuity land charges, which usually secure a loan.
What does a “transfer free of encumbrances” mean?
Free of encumbrances means that the property passes to the buyer without the old real estate liens from Section III. Existing land charges are redeemed or deleted during the settlement process. Whether rights from Section II are also to lapse is a matter of negotiation and must be expressly regulated—otherwise, a right of residence, for example, remains in place.
Does a land charge always have to be deleted before I sell?
Not necessarily in advance. You can combine the deletion with the settlement process: The notary ensures that the land charge is redeemed against payment from the purchase price and deleted from the land register. It is important to obtain the bank’s deletion documents in good time so that the schedule can be maintained.
How does a right of residence in Section II affect the sale?
The buyer must tolerate a registered right of residence—it often significantly reduces the achievable price and limits the pool of interested parties. You may not conceal it. If the property is to be sold free of the right, the entitled person must consent to its deletion.
Who may inspect the land register?
Only those who demonstrate a legitimate interest. The land register is not a public register like the commercial register. Owners, notaries and authorities regularly have access; prospective buyers usually obtain access through the notary or with your consent.
Is the land register extract the same as the land register?
The extract is a printout of the current contents of your land register sheet. It is available as a simple extract and as a certified extract (official printout). The simple extract is sufficient for your own review; for the notary appointment, a current, certified version is usually used.
Conclusion: Understand first, then sell
The land register extract is not a book with seven seals, but a clearly structured document. Remember the logic: The heading and inventory register state which property is meant, Section I states who owns it, Section II lists the encumbrances and restrictions, and Section III lists the land charges. Before proceeding with the sale, you should calmly review each of these parts: Is the owner correct? Which rights encumber the property in Section II? And what is stated in Section III that still needs to be clarified for a transfer free of encumbrances? Anyone who understands their land register negotiates more confidently and avoids unpleasant surprises at the notary’s table.