Number for November: II
The land register extract is one of the most important documents for property owners. Because one thing is certain: only those listed as owners in the land register are legally the owners. For clarity, the extract is divided into three sections. We'll take a look at Section II: this lists encumbrances and restrictions. If incorrect information is found here or throughout the extract, it can lead to problems.
Among the encumbrances and restrictions listed are the following rights: rights of residence and use, usufruct rights, inheritance rights, and rights of sale. This also includes rights of first refusal, real burdens, and building leases, as well as notices relating to restructuring, insolvency, and executorship. Also important: Section II records any objections to the ownership.
It can happen that a right of residence for a relative is only discovered during the sale of a property. This can be particularly surprising in inheritance cases. However, since a right of residence reduces the value of the property, it's important to be aware of it.
You apply for a land register extract at the land registry office, which is part of the local district court. You can find out which court is responsible for your case via the justice portal . Please note that fees apply when applying for a land register extract.
In addition to Section II, there is of course Section I, which contains information on leaseholders and owners, as well as their respective shares in the joint or partnership relationship and the basis for registration. Encumbrances on the property, which affect its value in the form of land charges and mortgages, are found in Section III.
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