Keywords: land register procedure, real estate,
electronic land register, database land register
An efficient land register procedure is a fundamental
precondition for the business of buying and selling real estate in
Germany. The introduction of the electronic land register in the
1990s contributed to this significantly. After establishing the
legal basis for electronic transactions in land register matters in
2009, the transition to a fully electronic and mostly automated
database land register constitutes the next step towards a
future-proof system. The German Federal Ministry of Justice has
presented a draft statute on August 3, 2012 for the introduction of
the database land register.
The draft of the Act for the Introduction of a Database Land
Register (Gesetz zur Einführung eines Datenbankgrundbuchs,
DaBaGG) authorizes state governments to introduce a database
land register - a corresponding obligation does not exist. The
transfer of the current content of the land register to the
database land register is to be implemented through a multistage
process, which ends with the complete structuring of the land
register content. This new structuring is to lead to more direct
and simpler research and information possibilities for users.
Furthermore, the new database land register will allow for the
content to be presented in new forms, while the previous form of
the paperbased land register will also be preserved. The new
presentation forms are supposed to make it possible to reflect land
register content more clearly and understandably.
So far, it was sufficient for implementing a land register entry
to determine in which section of the land register a certain entry
is to be registered. With regard to the content of the
registration, the guidelines are rather meager, which to some
extent leads to diverging registrations for substantively identical
rights. In respect to the intended user-oriented presentation forms
and research options, which the database land register is to
provide, it is necessary to standardize such land register entries.
Therefore, land registries are to be provided with entry masks,
which are subdivided into different entry fields.
These entry masks as well as the related model texts are to be
determined as binding by statutory regulation of the Federal
Ministry of Justice. According to the draft statute, the state
governments are also to be authorized to establish competences
across land registries for certain entries. Thus, it is to become
possible for a single registrar to register aggregate rights, which
concern real properties in different land registry districts of a
state, which should e.g. lead to a noticeable acceleration when
registering aggregate land charges.
The draft for the intended modernization of the land registry
process is welcomed. If the DaBaGG is being implemented, a
far-reaching simplification of the consummation of real estate
transactions in the land register can be expected for the state
concerned. However, the further course of the legislative process
is not foreseeable. Furthermore, it cannot be estimated, whether
and within which timeframe the states will implement the new law.
It must be assumed that quite some time will pass until the
aforementioned rules will actually facilitate real estate
Originally published Autumn 2012
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