Procedure of a land division

Good morning dear people,

we need some support regarding the topic of land division.

Family A, consisting of a man + woman, and Family B, also consisting of a man + woman, acquired a plot of land in Baden-Württemberg. Each person holds a 1/4 share in the land register. Two semi-detached houses were built on the land, which were moved into a few months ago. Now, Families A + B have decided to divide the land. Since the land cannot be divided equally 50:50, A and B have decided to divide the land in a 55:45 ratio. Accordingly, Family B will receive a slightly larger plot (another division solution is not feasible).

Now to the question of the procedure of the division:

1. Step: a surveyor comes and measures the land as agreed by the families, correct?
2. Step: the surveyor submits the results (two newly surveyed parcels?) to the cadastral office?
3. Step: the cadastral office forwards the information to the land registry office, which then generates two new properties?

Is that correct so far?

The following special case: since Families A + B bought the land together in equal shares, Family A wants to sell the 5% to Family B. Can the purchase contract be made without the involvement of a notary? Or must purchase contracts be submitted to a notary?

I hope I was able to explain it clearly so far and thank you in advance for your help.

Best regards

In NRW a division permit is necessary for developed properties, in BW at least an early notification (§8, paragraph 2). Ask your surveyor how this is handled bureaucratically correctly with you. Otherwise, I agree with the steps.

Can the purchase contract be concluded without the involvement of the notary?

No.

Or must purchase contracts be submitted to a notary?

Yes.
The notary should also advise you regarding the sequence. As soon as the cadastral office reports the parcel subdivision to the land registry office, in my opinion the notary contract should be available there so that the new ownership can be taken into account directly when dividing the land register sheet when creating the new land register sheets.

How does it work with ongoing financings?

How does it work with ongoing financings?

What do you mean by that?

What do you mean by that?

Currently, there is only one land register and four owners. How was the property financed? The division results in two new land registers, so something must happen with any existing land charges and ongoing financing...