Check purchase contract / waiver of pre-emption right is waived

What puzzles me is this. We recently completed the mortgage deed etc. with the notary, and he immediately sent the documents to the bank. However, the letter contains the following statement: "Based on my files and the review of the application list from today, I am not aware of any circumstances that would prevent the registration of the mortgage in the agreed priority position. I have not reviewed the land register files." Why doesn't he review the land register files and why doesn't he directly state that the bank holds the first position in the land register?

Why are you filling out the land charge deed with the notary? It should be prepared by the bank and only notarized. The documents are then not sent to the bank, but to the land registry office so that the land charge can be registered. What the notary sent to the bank is a notarial confirmation, for which the notary is also liable to the bank. However, the bank imposes certain conditions on this confirmation (which can normally be coordinated between the bank and notary regarding the content) regarding how it should look. Since you pay the notary for this certificate (yes, you will still receive an invoice for it), he should also work properly – this includes reviewing the land register, the land files, and the application lists.

Why are you filling out the land appointment document with the notary? It should be prepared by the bank and only notarized.

That's exactly what I just thought. Somehow, a lot of things are going wrong there.

We do not even border directly on the road,

To me, that means the property is not adjacent to a public traffic area. Since you specifically asked about possible nasty surprises, I'll paint another devil on the wall:
The property is located on a private road that once belonged to a municipal housing association. When the municipalities began selling off their silver spoons (real estate assets) many years ago, the apartment block also located on the private road, including the road itself, was sold to a private investor. After the tenants were squeezed to the limit, they are now looking for new sources of income and have discovered that the road may from now on only be used for purposes beyond the right of way at a charge.

That depends on what has already been registered. If it's only the priority notice of conveyance, that is independent of the right of first refusal.

I have just received new land register extracts from the notary. The following is now recorded there: "Priority notice of transfer of ownership for xy. Reference: approval dated 26.10.2018, registered on 06.11.2018."

But there are such cases (see other thread) and the negative certificate gives you absolute legal certainty in this regard and makes the necessary proof for the land registry office straightforward.

I will try to find something out at the municipality... Even though the probability that this case will occur is close to zero, it somehow does not give me peace of mind.

I can't tell you. Your descriptions sound overall very unusual and alarm bells are ringing for me, maybe unjustified.

The bank also found it somewhat "strange," which is why the notary was supposed to fill out a form. Instead of filling out the form, we have now been sent new land register sheets in which we or the bank are registered (see above).

Why are you filling out the land deed with the notary? That should be prepared by the bank and only notarized.

I probably expressed that incorrectly. The notary received the land deed from the bank and notarized it. Afterwards, he forwarded the documents. The notary confirmation was not sufficient for the bank because it did not show where the bank would be registered and explicitly stated, "I have not inspected the land files."

The property is located on a private road that once belonged to a municipal housing company.

The road in front of the house belongs to us or the townhouse community. Next to it are other townhouses again.

I spoke with the notary again today and asked him why the sentence is in the contract and what the waiver of pre-emption rights is about. The sentence is apparently included so that the conditions for the purchase price payment are fulfilled more quickly. They still have to inquire with the municipality regardless. The municipality apparently has no interest in the property either. I now have everything in writing and it looks like all the documents for the bank will be in order tomorrow and the purchase price can be paid. Finally....

The sentence is probably included so that the conditions for the purchase price payment are fulfilled faster.

Of course, the seller wants his money quickly and you want to take the risk.

I now have everything in writing and it looks like all the documents for the bank will be in order tomorrow and the purchase price can be paid.

That’s a good ending then.