Land registry entry takes forever

  • Erstellt am 2015-04-03 22:38:16

Romi87

2015-04-03 22:38:16
  • #1
Hello, I registered just now and immediately have a question. Maybe you can help us.

We bought a plot of land last year, where a partial area was measured out. The surveying application was submitted in September, the purchase contract was signed at the notary in October, and in December we had to pay for the land. The surveying took place last year before Christmas and was unfortunately only submitted to the land registry office on 6.2.15. Now it is so that we received the building permit last week and actually wanted to start building on 27.4.15.

Unfortunately, the land registry office underwent a restructuring and our application has not yet been processed. We now want to file an expedited application and hope that within 2 weeks we will receive the land registry documents (the new parcel with number) and then give them to the notary to be entered in the land register. In parallel, the bank wanted to make an appointment to register the mortgage. But this is only possible once we have the land registry documents, right?

Please excuse us, but we are completely lost in all this chaos. Everyone says it has never taken this long for anyone else.
 

nordanney

2015-04-04 00:03:10
  • #2
The bank can also have its land charge registered before surveying. Then "a part area of x sqm still to be surveyed" will be encumbered from the total area. So it should not be a problem.
 

Romi87

2015-04-04 00:23:26
  • #3
Thank you for your contribution. So the land charge can already be ordered now, even though we are officially not yet owners and the new parcel has not yet been created??? According to the notary last week, we first need the new parcel number and then we will be entered into the land register. Could it be that I am confusing some things? I have so many question marks in my head.
 

EveundGerd

2015-04-04 08:05:41
  • #4
It also took a very long time with our homebuyer. Purchase contract at the beginning of June 2014, order of the mortgage immediately afterwards. Registered: January 2015!

We also had a partial parcel x to be surveyed in the purchase contract.

The registration of the mortgage can still be applied for at the notary, provided this sentence is in the purchase contract ( a yet to be surveyed ...... is being purchased )! Otherwise, you actually have to wait until the registration has been completed. You may also have to apply for a so-called priority notice through the notary in order to get the loan faster from the bank, before the registration in the land register. These are actually two different processes. The notary knows the details.
 

Voki1

2015-04-04 09:10:15
  • #5
As a rule, property purchase contracts provide for so-called "encumbrance authorizations." Here, the seller assists in securing the purchase price financing in such a way that he grants a land charge for the bank financing the purchase price, which will also be registered in priority to the frequently registered priority notice of conveyance. The declaration of the purpose of the security then ensures that the land charge applies only to the purchase price financing that has been (or will be) paid to the seller.

The actual approval is then usually carried out by the notarial assistants authorized for this purpose in the purchase contract.

No problem at all, but really routine business.
 

Romi87

2015-04-04 09:50:13
  • #6
Thank you for the answers, somehow that calms me down now. So, we had a burden authorization entered into the notary contract. As I understand it now, this allows the land charge to be registered. We have also already received the handover declaration from the land registry office and have already had to pay the land transfer tax. So you would start building now anyway, even if you are not yet listed in the land registry? What if, for some reason, the sellers back out and we have already built a shell structure on the property? Do you think this is a risk worth taking? Our independent structural engineer said about the situation that sometimes you have to take risks in life.
 

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