Inspection of the land register parents' house

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?

I have added a bit to my above post because it actually makes a difference whether the parents are still alive or the inheritance case has already occurred. If the death has already occurred, even a "disinherited" child has a legitimate interest, for example, to properly calculate the compulsory portion (whether the house is encumbered or not). But not before the death. In my opinion, as a child, you have no legitimate interest during the lifetime. Consider it this way: you also have no "right" to have your parents show you their bank statements or tell you how much cash they stash under the mattress. That simply doesn't concern you as a child. It's exactly the same with the land register. It doesn't concern you what is recorded in the land register, whether there are still land charges registered, whether anyone has a usufructuary right on the house, and so on… That is your parents' "private matter" and does not concern you as a child. I can absolutely understand that the situation is unpleasant for you, and if I were in your place, I would also be "not amused." But your parents are still alive, and they naturally have the sole right to decide what to do with their property, whether to gift it, sell it, or encumber it. Only once the death has occurred do other rules and laws come into effect (e.g., the claim for compulsory portion supplementation within 10 years). But during their lifetime, it is entirely your parents' business what they do with their property or assets; as a child, you have no say in it. Not even under the assumption that your parents will eventually die and the house might(!) then be inherited by you. And that’s a good thing. For instance, they could have already sold the house by then and use the money to enjoy a wonderful retirement in Mallorca, etc. It would be quite something if children could "force" their parents to keep every cent together so that they would inherit big later on ;). Therefore, just the fact that you are the child of the owners is not a reason for a legitimate interest during the parents' lifetime. Examples of legitimate interest during lifetime would be, for instance, neighbors, to enforce neighbor law claims against the owner (if the owner is unknown to the neighbor). The same applies to tenants who need to find the owner/landlord due to outstanding claims. Or as a creditor of the owner, one can have a legitimate interest. Or as a buyer of the property who is already negotiating with the owner. Google "legitimate interest for land register inspection," and you will find quite a bit about it. There is, of course, some arbitrariness involved ;). Although courts are generally of the opinion that as a relative of the owner you do not have a legitimate interest, it can always happen that you get someone who sees it differently and lets you look into the land register. In my opinion, however, the chance is rather low, but if you want: it’s worth a try :).

Court bailiffs are little kings in their field :) that has advantages and disadvantages. My rewording, for example, takes place within 2 days after receipt by the notary. Of course, this is not arbitrary, but discretionary power - arbitrariness would be a criminal offense under the Penal Code ;)

I am not a judicial officer, but "only" a judicial administrator, so in the intermediate service ;). In RLP, the intermediate service is responsible for access to the land register, but I don’t know if that is the case in all federal states.

Yes, you are of course right about the difference between arbitrariness and discretion. I just wrote quickly at noon today and didn’t really think about the choice of words :D.

I find it explained plausibly!
It's quite simple data protection :)

In short, greetings