Registering a land charge during ongoing partition

  • Erstellt am 2022-09-07 08:27:35

Buddy0505

2022-09-07 08:27:35
  • #1
Hello everyone,

I'm not quite clear about the process yet and hope you can help.

Situation:
Property has been agreed upon on paper according to the partition agreement.

Now it needs to be physically divided, which is done through the surveyor... can the bank still register a land charge with the existing partition declaration (through a notary) and the surveyor's assignment?

We want to sign the construction contract shortly to, if possible, have everything run in parallel. What do you think?

Have a good start to the day :-)
 

SaniererNRW123

2022-09-07 08:47:06
  • #2
Yes, that is [Grundstück] possible. But it is somewhat more complex, as your part of the [Grundstück] simply does not exist yet.
 

Buddy0505

2022-09-07 09:26:22
  • #3
ok, can you tell me what needs to be considered here?

The procedure would be, house construction contract subject to land/financing, order surveyor for subdivision, parallel financing request - then registration of land, submit building application...

In Berlin, subdivision and construction project apparently can happen simultaneously
 

Tolentino

2022-09-07 10:30:14
  • #4
Actually, the notary knows about such things. The surveyor then only has to measure the plots to be created. The notary arranges it with the land registry office and issues the bank a document stating that the land charge will be registered on the part to be created. I have forgotten what exactly all this is called, but the notary knows it all.
 

SaniererNRW123

2022-09-07 10:36:28
  • #5

See . The bank can also tell you exactly how they want it.
P.S. By the way, it is called Rank attachment...

The land charge can also already be entered in the land register. Then it says "on an area to be surveyed...". However, agreements must be made with the other owner (release obligation, etc.).
 

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