General Questions (Heritable Building Rights)

Good day,

I hope I have reached the right subforum

I am planning to build a house on my own plot of land in Hesse at some point.

I often encounter the same problem:

I do not want to acquire a leasehold (heritable building right). The land should belong to me "completely".
Some listings also mention that it is a leasehold.

Now my specific questions:

Can a purchased plot of land that was NOT bought under a leasehold be expropriated?

How can you tell if it might be leasehold, besides it being explicitly mentioned in the exposé? I do not want to waste valuable time with inquiries only to realize that, although not literally stated, there is some kind of "code" or other indication in the listing that is recognized among experts as a leasehold designation and that it is therefore "actually" included.

How is property law generally regulated in Germany? Does it differ from state to state or is it uniform?
Can it generally be said that property rights in Germany are better/worse than, for example, in neighboring countries such as Austria, Switzerland, France...?

And the most important question: how can I tell that the purchased land belongs to me and me alone?

Best regards

alwayssearchin

how can I tell that the purchased property belongs to me and only me?

On the land register sheet, where only you are listed as the owner.

How can one tell if it might be a leasehold?

By the fact that you sign a lease contract for the property instead of a purchase contract.

Can a purchased property that was NOT bought via leasehold be expropriated?

The question is nonsense, you cannot buy via leasehold. Leasehold is not a hire purchase.

I do not want to acquire a leasehold (Heritable building right). The property should belong to me "completely". Some listings also mention that it is a leasehold.

A purchase price is paid once at acquisition and is usually six-figure, a leasehold is, simply put, a kind of annual rent for the property, the difference in price can be seen by any child with the naked eye. You can only buy ownership, by leasehold you only acquire a right of use. As mentioned, you simply cannot confuse the two by accident.

Can a purchased property that was NOT bought through leasehold be expropriated?

Yep. But this applies just the same for leasehold. However, this is only theory (especially for regular building plots or already developed properties).

How can you tell if it might be a leasehold,

There is a separate land register - the leasehold register. There you are listed as the owner of the leasehold right. In the "normal" land register the owner of the property is listed.

How is property law generally in Germany? Is it different from state to state or uniform?

Uniform. Only the building law can differ slightly.

Can one generally say that property rights in Germany are better/worse than, for example, in neighboring countries like Austria, Switzerland, France...?

Hello, we are in Germany. Here everything is better. The properties, the air, the water, the mountains, the sea. Didn’t you know that yet?
Please first define what you mean by better or worse. A property is a piece of dirt – no matter if in Germany, Austria, Netherlands or Uganda.

And the most important question: how can I tell that the purchased property belongs to me and only me?

By the fact that YOU buy it and are listed as the owner in the land register.

Leasehold is almost equivalent to full ownership. A common construct, especially used by churches or mining companies who remain owners but still want to generate income from the property.
I currently even live in a flat under leasehold. I don’t care at all. Also with regard to marketability, etc.

A plot of land is a piece of dirt - whether in D, Ö, NL or Uganda.

In Brilliant it is a highly compressed piece of coal with a certain number of corners

in Brilliant ist ein hochverdichtetes Stück Kohle mit einer bestimmten Anzahl von Ecken

If you dig deep enough here with us, especially in the coal mining regions, you might find one. At least a diamond, but no brilliant cut diamond.

That you are concluding a lease agreement over the property instead of a purchase agreement.

Nope, not a lease agreement, but a purchase agreement for a hereditary building right. Erbpacht is colloquial.