Understanding the land register: How to read the three sections correctly

Article L-0121 · 15.10.2026 · 7 min read · Joé Christian Ewrard

What is recorded in the land register – and what is not?

The land register is the official register of plots of land and rights equivalent to real property. It shows the legal status of a plot of land. This includes, in particular, ownership, certain rights of use, restrictions on disposal and security interests in real property.

Each land register record begins with the property inventory. This contains the cadastral details of the plot, such as the cadastral district, section, parcel and land-use category. Buyers should check whether these details actually match the property they viewed. Particularly for houses with a garden, driveway, garage or adjoining land, the property offered may comprise several parcels.

This is followed by Sections I, II and III. Their entries do not build on one another like the chapters of a contract. Each section answers different questions. None of them should therefore be considered in isolation.

The land register is important, but it is not comprehensive. It describes neither the structural condition nor the living space, permitted use or possible contamination. Building encumbrances, unregistered tenancies and actual uses may also be relevant outside the land register. A land register extract that appears unremarkable is therefore no substitute for reviewing the building documents, contracts and local circumstances.

What does the property inventory reveal?

The property inventory first answers the question of what is actually being sold from a legal perspective. If the parcels, location and property description do not match the brochure and draft purchase agreement, the discrepancy must be clarified before notarisation.

In practice, this is particularly important for rural properties. In the Eifelkreis Bitburg-Prüm, the Vulkaneifel or the Trier-Saarburg area, the residential building, courtyard, driveway, garden and outbuildings may be located on different parcels. An area that visually appears to be an obvious part of the property is not necessarily legally included in the sale. Conversely, the property may include areas that were barely noticeable during the viewing.

Buyers should therefore compare the property inventory with the cadastral map and the subject matter of the purchase in the draft agreement. It is also crucial to establish whether the driveway runs entirely across the property's own land. If part of it lies on a third-party parcel, this raises the question of whether there is a legally secured right of way.

The land-use category stated in the property inventory is not a reliable indication of how a building may be used under planning law. Anyone wishing to convert a barn, rent out a separate apartment or use a building for commercial purposes should verify permissibility separately with the competent authority.

Section I: Who is entitled to sell the property?

Section I names the registered owner. Where there are multiple owners, their respective ownership shares are also shown. It also records the basis on which ownership was acquired, such as by conveyance, succession or an award in court proceedings.

For buyers, the first question is simple: Is the person wishing to sell actually registered as the owner? Where there are multiple owners, all required declarations must generally be made. If an owner has died, proof of succession may first be required. This does not necessarily count against the purchase, but it may affect the process.

Particular attention is advisable in cases involving separation, communities of heirs and sales within a family. These situations often involve more than just documents. There may be differing expectations regarding the purchase price, handover or inventory. Buyers should ensure that these points have been agreed before the notary appointment. Otherwise, there is a risk of last-minute changes or a subsequent dispute.

Section I does not conclusively show whether a seller is authorised to act alone. Powers of attorney, an executor of the estate or required approvals may also be relevant. The notary verifies the legal requirements of the specific transaction. In the event of family disputes or unresolved inheritance matters, additional legal advice may be advisable.

Section II: What rights and restrictions exist?

Section II contains encumbrances and restrictions that are not liens on real property. These may include, for example, rights of way, rights of residence, usufruct, utility easements, rights of first refusal, recurrent obligations, restrictions on disposal or priority notices.

An entry does not automatically prevent a purchase. Its content is what matters. A right of way may merely provide legal protection for an existing access route. However, it may also mean that neighbours are entitled to drive across the property being purchased on a regular basis. A utility easement may relate to an underground supply route and restrict future construction projects.

Buyers should take rights of residence and usufruct particularly seriously. Such rights can have a significant impact on their own use of the property and do not cease to have effect simply because the property is sold. Before signing, it must be clearly established whether the right will remain in place or is to be deleted in connection with the sale.

Brief land register entries often do not tell the whole story. They frequently refer to a deed of consent. Only this deed describes the precise content, the area concerned and any conditions. The German Land Register Code (https://www.gesetze-im-internet.de/gbo/BJNR001390897.html) therefore provides that the supplementary deeds may also be inspected where a legitimate interest exists.

A priority notice of conveyance in favour of a buyer may also be entered in Section II. It secures the claim to transfer of ownership. If a priority notice in favour of another person already appears, it must be clarified before a new purchase why it is still in place and how it can be removed.

Section III: What do land charges and mortgages mean?

Section III contains, in particular, land charges and mortgages. They are generally used to secure loans. Buyers often find a high registered land charge concerning. However, the registered amount is not the same as the current outstanding loan balance.

A land charge may still be registered even though the underlying loan has already been repaid in part or in full. Conversely, the land register alone does not show what claim a bank could currently assert. This requires further documents from the owner and the financing bank.

In a standard sale, the buyer should generally receive ownership free of any seller's encumbrances that have not been assumed. Existing liens on real property are then redeemed and deleted as part of the purchase contract process. The notary coordinates the declarations required for this and takes the redemption conditions into account when determining when the purchase price becomes due.

Nevertheless, buyers should not only ask whether a land charge will be deleted. It is also important to establish whether all the required deletion documents are available and whether an encumbrance is to be expressly assumed. Such an assumption is a legal and financial decision. It should be reviewed with the notary and the financing bank.

The buyer's own bank also frequently requires a land charge as security for the loan. This new encumbrance must be distinguished from the purchase price and from the seller's existing financing arrangements.

Why is the priority of a right important?

Land register entries are ranked in order of priority. This priority can determine which right takes precedence in the event of a conflict or compulsory sale. The order is therefore more than a formal classification.

For buyers, the priority of the priority notice of conveyance is particularly important. Once it has been registered, subsequent dispositions generally cannot readily impair the secured claim. The notary assesses the effect in each individual case on the basis of the complete status of the land register and the applications received.

Banks also pay attention to the priority of their land charge. If existing rights remain in the land register, this may affect the financing. A right of use with higher priority may also alter the economic value of the security.

The question of priority is not always easy to assess from the extract alone. Notes, references and applications submitted simultaneously may play a role. Buyers should therefore not attempt to make a definitive assessment of priority relationships themselves solely on the basis of individual columns.

Which entries are deleted and which are retained?

Before the notary appointment, it should be clear what is to happen to each relevant entry. Some rights will be deleted. Others will remain in place and be assumed by the buyer together with the property. This distinction must be clearly reflected in the purchase agreement.

A common mistake is to assume that the seller will remove all entries. This is not always intended and is not possible for every right. A right of way benefiting a neighbouring property may be required permanently. A right of residence, by contrast, may be intended for deletion in accordance with the agreement between the parties. This generally requires suitable declarations from the beneficiary.

Buyers should also ask who will bear the costs of an agreed deletion and which requirements have yet to be met. The notary explains the proposed contractual arrangements and handles the land register procedures. In doing so, the notary does not represent either the buyer or the seller unilaterally, but is required to remain neutral.

If there are doubts about the economic consequences of a right, additional expert advice can help. If the matter concerns liability risks, disputes or the interpretation of older agreements, a lawyer is the appropriate point of contact. Tax implications should be clarified with a tax adviser.

What should buyers check before the notary appointment?

Request an up-to-date and complete land register extract. An older extract may not reliably reflect entries made in the meantime or pending applications. The owner can provide the extract or facilitate the necessary inspection. Access to the land register is not automatically granted to everyone; as a rule, a legitimate interest must be demonstrated. Inspection is also possible with the consent of the registered owner, as explained in the [Land Register Ordinance](https://www.gesetze-im-internet.de/gbvfg/__43.html).

Compare the owner, all parcels of land and the specified rights with the property brochure, the cadastral map and the draft agreement. If any entries are unclear, also ask to see the underlying deeds of consent. Do not merely ask what is registered, but what the right means in practice: Who is permitted to use which path? Where does a utility line run? Who is permitted to occupy the rooms? Which area is affected?

Also review documents that are not replaced by the land register. These may include the building file, building permits, the register of public-law building encumbrances, information on contaminated land, the development and utility connection situation, tenancy agreements and, for condominium ownership, the declaration of division and the community regulations. Which documents are required depends on the property and its intended use.

Raise any outstanding questions in good time. The notarisation appointment should not be the first time a buyer learns of a right of residence, a driveway belonging to someone else or an additional parcel of land. Any uncertainties should be clarified before signing. This is not excessive caution, but appropriate preparation for a far-reaching decision.

Before the appointment with the notary, ask for a current extract from the land register, the cadastral map and all deeds relating to unclear entries. Mark any discrepancies and put your questions in writing. PRIOCASA can work with you to prepare the documents for a property in the Eifelkreis Bitburg-Prüm, Trier, Trier-Saarburg, the Vulkaneifel or on the border with Luxemburg in a structured manner; the legal review and drafting are handled by the notary, or by a lawyer in the case of particular risks.

Frequently Asked Questions

As a prospective buyer, can I request an extract from the land register myself?

As a general rule, access requires a legitimate interest. Mere general curiosity is not sufficient. In practice, the owner can provide an extract or give consent for access.

Does a registered land charge always have to be deleted before the sale?

Not necessarily. What matters is what is agreed in the purchase agreement and whether the buyer is to assume the encumbrance. As a rule, liens on property that are not assumed are settled and deleted as part of the purchase process.

Does a land charge mean that the seller still owes the same amount?

No. The amount of the land charge is not a reliable indication of the current outstanding debt. As a general rule, the financing bank or the borrower knows the actual balance.

Are public-law building encumbrances also listed in Section II?

Public-law building encumbrances are generally not recorded in the land register, but in a separate register of building encumbrances. Depending on the property and its use, this register should therefore also be checked. The competent authority can provide information about the procedure in each individual case.

What should I do if I do not understand an entry?

Ask for the complete deed of consent and raise the question with the notary before notarisation. A lawyer can also provide advice if the consequences are disputed or economically far-reaching. Do not sign in the hope of clarifying the meaning later.

Topics: understanding the land register, land register sections, buying property in the Eifel, land charge, right of way, priority notice of conveyance, appointment with the notary, estate agent Bitburg

Responsible for this article: Joé Christian Ewrard — Owner & IHK-certified estate agent, PRIOCASA Immobilien & Finanzservice. Last updated: 15.10.2026. The draft was created with the assistance of artificial intelligence and was reviewed and approved before publication (AI Transparency). This post does not replace legal or tax advice; for individual questions, please contact a notary, lawyer, or tax advisor.

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