Inspection of the land register parents' house

As Caspar says it, I know it the same way. Yvonne, the 10-year rule also applies to public office. But here it's about, I get a house given to me, and in return I commit to caring for it, no public office, nothing. Karsten

And where is the deal recorded? There will be a gift, and then? Then the caregiver will receive a monthly expense allowance.. Sorry for not knowing, but such questions need to be clarified for help help

In short, greetings

What about [528 Baugesetzbuch]? That sounds a bit like the entire property has been given away.

And where is the deal recorded? There will be a gift and then? Then the caregiver will receive a monthly expense.. Sorry for having no idea, but such questions need to be clarified for helphelp

In short, greetings

I only know how my father-in-law settled it consensually at the time. A will, the son gets the farm, the daughters are to be compensated in such and such a way, the son has to take care of the parents until the end. And to bury them. Then all the children received that from the notary and all acknowledged it with their signatures. And... away went the many beautiful hectares.... smile. Karsten

If a future-oriented property dispute is expected, one should seek specialist legal assistance; a forum is definitely the wrong point of contact. If necessary, the court clerk forum can also be consulted, such a thing actually exists ;)

The owner of the property can, upon request, obtain information about who has viewed the corresponding land register page.

Just for viewing in the land register:

what you are looking for is stated in §12 GBO (Land Register Ordinance), if you can prove a legitimate interest, you can take a look at the land register sheet, all viewings are recorded.

I would classify your described case as a legitimate interest, the responsible judicial officer ultimately decides independently.

It is true, you are allowed to view the land register if you present a legitimate interest, § 12 GBO (as already mentioned). However, in my opinion, the OP has NO legitimate interest. He is neither the owner nor does he have a secured right on the property (section II, section III, for example usufruct, land charge), nor are there any other reasons that constitute a legitimate interest. The fact that the house belongs to his parents or his brother is completely irrelevant and does not justify a legitimate interest. Nor does the fact that he might possibly inherit this house at some point in the future or not. In my opinion, this is definitely not a legitimate interest within the meaning of § 12 GBO.

I am a judicial official by profession. If I were assigned to the land register department (which I am not), I would have to decide on the legitimate interest for viewing the land register. In my training (which was not long ago), it was made very clear to us several times that neither a child nor a sibling has a legitimate interest in viewing their parents’ land register during the parents' lifetime. It is completely irrelevant whether the OP might inherit the house someday or not; this is not foreseeable at the current point in time. The situation looks somewhat different after the inheritance event has occurred, even if one has been disinherited and only entitled to the compulsory portion, because then the legitimate interest is justified, for example, by the need to calculate the compulsory portion based on the property value and to know of any encumbrances entered in the land register. But during the parents' lifetime, there is no legitimate interest! Not even a spouse has a legitimate interest in viewing their spouse’s land register (if the property is owned solely by one spouse)!

Basically, every responsible land register officer must decide for themselves; I would not grant access in this case. However, I do not know how the officer responsible for the OP will see it. Maybe he is lucky and gets access... maybe not.

That means the viewing is recorded but the parents are not informed?

If you get access: Yes, exactly. The viewing is recorded, but no notification is sent to the owner.

Just for inspection of the land register:


It is true, you may inspect the land register if you demonstrate a legitimate interest, § 12 GBO (as already mentioned). However, in my opinion, the OP has NO legitimate interest. He is neither the owner nor does he have a secured right on the property (Section II, Section III, e.g. usufruct, land charge), nor are there other reasons that would constitute a legitimate interest. That the house belongs to his parents or his brother is completely irrelevant and does not constitute a legitimate interest. Neither does the fact that he might possibly inherit this house someday or not at all. In my opinion, this is definitely not a legitimate interest within the meaning of § 12 GBO.

I am a judicial officer by profession. If I were assigned to the land register department (which I am not), I would have to decide on the legitimate interest for inspecting the land register. In my training (which was not long ago), it was made very clear to us several times that neither as a child nor as a sibling do you have a legitimate interest to inspect the land register of your parents (or siblings). It is completely irrelevant whether the OP might one day inherit the house(!!!). After the inheritance event, it looks a bit different again, even if one was disinherited. But not during the parents’ lifetime. Not even a spouse has a legitimate interest to inspect the land register of his or her spouse!

Basically, every responsible land register official must decide for themselves; I would not grant access in this case. How the official responsible for the OP sees it, I of course do not know. Maybe he is lucky and gets access... maybe not.


Should you get access: Yes, exactly. The inspection is recorded, but no notification is sent to the owner.

I find the post very interesting. In my eyes, it is a bit arbitrary. Or what constitutes a legitimate interest during someone’s lifetime? Can you give me examples?