Musketier
2015-03-06 14:41:21
- #1
Ownership of the house is proven by the land register. But the land register only contains plots of land and no houses! After the leasehold term ends, the house belongs to the lessor (there is indeed compensation, but it only has to amount to 2/3 of the market value of the house, which for an older house can easily be close to zero)! Or do notaries also just write nonsense?
While the leasehold right (usually 99 years) is in effect, ownership of the house is not with the landowner. Only afterwards do the house and land combine into a single unit. If this were not the case, the house builder could not apply for a loan, as he could not offer the bank any collateral. Just read the information sheet in your link properly:
According to the regulation of the law, a leasehold right (simply put) is the right to have a building on (someone else’s) land. Ownership of the land and ownership of the building (e.g. residential building and garage) are therefore separate. This also applies when the leasehold right is established with regard to an already constructed building. This departs from the principle of German law that everything built on the land always belongs to the landowner — the so-called essential components.
In essence, the leasehold holder (leaseholder) — aside from certain restrictions — can deal with his “fictional” plot of land with building for the entire duration of the leasehold right just like a landowner. In particular, the leasehold right can be encumbered, it can be sold and inherited.