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What is a land register and what is a land register entry?
When buying a house, the land register entry offers optimal security, because it is almost like a biography of the house. The land register contains information on the origins, the owners and the Real estate financing. The land register entry is reliable and shows ownership of a property in a legally binding form.
How is the land register structured?
The land register entry is permanently and even old data is not deleted, but marked as no longer current. The key data of the property are described in the so-called inventory. Aspects such as the location of the property, its size and information on building development can be found here. Each land register entry contains three categories.
Land Register Section 1 - Who are the owners?
The first section contains information about the owners. It states who exactly owns the house or flat and whether there are several owners. In addition, information on the distribution of ownership can be found here, because houses can, for example, be owned by married couples in equal or different shares.
Land register section 2 - Sale of the property
The second section of the land register entry contains information showing whether the house has been sold. By making an entry in this section called a "priority notice of conveyance", a buyer can ensure that the house is not sold more than once. The notary arranges the priority notice of conveyance for every purchase; it serves as protection for the buyer. In addition, this second category contains encumbrances and restrictions on the property. Agreements with neighbours on rights of way are written down here. These agreements must also be adhered to by new buyers, because the following applies: The land register is right. A list of gas, water and electricity lines is also found here. If the house is part of an execution of a will or part of the owner's insolvency proceedings, this is also listed in this section.
Land Register Section 3 - Land charges and the financial status of the property
The third section of the land register is about finances. It is a sort of bank account statement for the property and provides an insight into the financial history of the house. All debts that have been taken out on the property or that serve as security for the property are in this section. This includes land charges as well as mortgages. In some cases, a mortgage that was added after the land charge when the house was purchased can be an indication that the house has undergone renovation.
What does a land register entry cost?
The fees for land register entries vary. If the Contract of sale when the purchase contract is notarised or the buyer is entered in the land register, notary fees are incurred. When a house is sold, there are usually additional fees before it changes hands. The deletion of the land charge, the registration of rights of way and rights of residence as well as the priority notice of conveyance and the declaration of waiver of pre-emption all have to be recorded by the notary and are subject to fees. When buying a house or flat, therefore, land registry and notary fees are incurred. A notary charges twice the fee rate for the notarisation of the purchase contract. In addition, the execution of the transfer of ownership costs even more. All in all, you can expect 5 or 5.5 fee rates per purchase. The costs vary greatly, but as a guideline: with VAT, these costs can amount to 1.5 percent of the purchase price.
If the search for your new house has been successful, you should definitely inspect the land register before making the final purchase decision. However, inspection is not permitted without good reason. The buyer must be able to prove that he or she has a right to inspect it. A power of attorney from the current owner confirming the interest in buying is therefore required. This protects homeowners from nosy friends, relatives and even paparazzi.
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