Procedure for Property Division

Hello everyone! This is my first post. Let's see how it goes. Reason for writing: Construction of a two-family house (Zweifam.Haus) planned for rental as 2 condominiums (Eigentum.Wg.) by a developer. The upper floor should belong to the son The ground floor should belong to the parents in equal parts. Both apartments are the same size (90 sqm); still undeveloped land currently owned by the parents (in equal parts) total size = 1,200 sqm; (Construction preliminary inquiry has been approved) According to the developer, this is how it should proceed: 1. A declaration of separateness is applied for with the building application (costs approx. €1,000 extra); 2. With this, a partition declaration is created at the notary and 2 land registers are applied for. 3. After the land registers are created, loans can then be registered (notary); Is this correct? With cheerful greetings!

Yes and no. What you are planning is not a real division of the property, but so-called special or partial ownership on one parcel of land. These will be two land register sheets, which, however, are always connected through the parcel.

Best regards
Dirk Grafe

Thank you, Dirk,
The owners are now listed in the land register (parents). This will surely be changed to owners = WEG (Wohnungseigentümergemeinschaft).

1. Are there 3 land registers for the property?

3. How high are the notary fees for:

a) 3 land registers
b) declaration of exclusivity
c) transfer to WEG
d) partition declaration
e) priority notice of conveyance
f) transfers of ownership (c?)
g) mortgage entries? (per apartment €200,000; total property value €150,000)

May I hope for your expert advice here once again?

Regards
Baumhauser

1. Are there 3 land registers for the property?

In the end, there will be two land registers. One land register for each apartment. Each land register will then list one owner (parents or you).

3. How high are the notary fees for:

a) 3 land registers
b) declaration of separateness
c) transfer to WEG
d) partition declaration
e) priority notice of conveyance
f) changes of ownership (c?)
g) land charge registrations? (per apartment €200,000; total property value €150,000)

Regarding a) Land registers themselves cost nothing. The process for the two land registers costs.

Just keep it simple and ask the notary. Besides the notary fees, there are also costs at the land registry office. You have to go to the notary anyway to notarize the purchase/sale. Your general contractor cannot do this for you – by the way, you are not building with a developer!

P.S. You can easily calculate many things yourself with various online calculators. That way, you can also play around with numbers.

Hello ,

how to arrange this notarized must be discussed with a notary. Costs as well, I only have a rough idea, so I do not want to make any false statements at this point.

Regarding 1: Normally one land register sheet per completed apartment. However, I would not rule out that it is possible to make three land register sheets if desired and reasonable. For this, there would need to be an appropriate subdivision plan. But I believe that you do not need such a thing and that it would not have any added value in your case.

But as I said, these are clearly questions to be addressed to the notary.

Best regards
Dirk Grafe

One _can_ create additional land registers for common property or proportional access paths. But one _does_ not have to. This is/was done for shared access paths, for example with terraced houses, or when explicit parking spaces are assigned to exactly one apartment.