Land register excerpt before land purchase / contract review

  • Erstellt am 2018-02-17 10:55:40

Emetic

2018-02-17 10:55:40
  • #1
Hello dear ones,

time and again you read that before buying a property you should request a current land register excerpt to find out whether the seller is actually the owner or whether easements, land charges, etc. are registered.

On the other hand, the contract must be notarized. For the preparation of the purchase contract, the notary already has the current land register excerpt, and as a neutral party, he is also obliged to inform both parties about rights and obligations as well as possible legal consequences.

At the latest on the day of the notarization appointment, you learn everything important about the land register entry.
Should you still obtain a land register excerpt yourself, or can you save money and time and rely on the notary?

In our specific case, it is a plot of land in a new development area that is currently being developed. We are buying it directly from the municipality.
How sensible would it be to commission a separate lawyer to review the contract in this case?
 

Fuchur

2018-02-17 12:07:25
  • #2
The land register excerpt costs €10, I wouldn’t think twice about that. If you kindly ask the municipality, they will usually provide you with a (non-certified) copy free of charge.

If you finance the purchase, the bank will also want an excerpt.

The purchase contracts from municipalities are standard, there is basically nothing to review. The essential components should be present, such as payment deadline, transfer of possession, premature right of entry, etc. If you don’t understand something, ask the notary; they get paid a lot for that.

More important to me beforehand would be a clear clarification of possible development costs and the zoning plan.
 

Nordlys

2018-02-17 12:41:27
  • #3
I have never experienced that the notary, when notarizing a real estate transaction, whether developed or undeveloped, did not first obtain such an extract to check whether the property is free of encumbrances. Before notarization, it must then be made free of encumbrances. I have been to the notary x times in my professional life. That is how it is there. Karsten
 

HilfeHilfe

2018-02-17 21:24:32
  • #4
Where the notary does not actively point you to the 5€ Reichsmark of the Autobahn Gesellschaft as is the case with us
 

Nordlys

2018-02-17 21:52:21
  • #5
Five euros or five Reichsmarks?
But... that points to everything.
The notary does not advise impartially. But he has to ensure that the transaction can actually be carried out. That means, I can only sell what belongs to me. I can only buy if I can pay. If what I want to sell does not belong to me, the person who owns it must permit the transaction. He will do so if the money flows to him. The notary ensures that everything is taken into account and therefore obtains the land register excerpt for the object of sale. That’s the only way I know it.
 

HilfeHilfe

2018-02-18 05:47:55
  • #6
Reichsmark, even got it deleted after months, I believe Department 2; property by the highway some rights
 

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