History of development of the system of state registration of real estate in Germany (end of XVII - the beginning of XXI century)

Abstract

The state system of registration of rights in Germany has a history of over 200 years. It has evolved from the the cadastre of land to the system of registration of rights. The basis of the modern system of state registration of rights in Germany is the Land Register. This is the official document showing the real situation of legal relations on a land plot. The state policy on registration of rights is within the competence of the Federal Ministry of Justice and consumer rights protection. Directly the registration of the rights is carried out by the Senior Judicial Officer. The registered to the Land Register data are in the mode of the presumption of legality of registered rights under § 891 of the German Civil Code. The Land Register itself enjoys the public trust under § 892 of the German Civil Code - bona fide purchaser of the land plot can be sure that the content of the Land Register reflects realistically the set of rights on a land plot. Public confidence solves the main issue of property turnover of real estate - provides the detailed legal information to the buyer on the rights and obligations on the land plot. Today the state system of registration of rights in Germany continues its evolution by introducing AFIS-ALKIS-ATKIS-Modell. Moreover, each federal state alone is responsible for the strategy and implementation schedule of the cadastre registration system.

The state system of registration of rights in Germany has a history of over 200 years. It has evolved from the the cadastre of land to the system of registration of rights. The basis of the modern system of state registration of rights in Germany is the Land Register. This is the official document showing the real situation of legal relations on a land plot. The state policy on registration of rights is within the competence of the Federal Ministry of Justice and consumer rights protection. Directly the registration of the rights is carried out by the Senior Judicial Officer. The registered to the Land Register data are in the mode of the presumption of legality of registered rights under § 891 of the German Civil Code. The Land Register itself enjoys the public trust under § 892 of the German Civil Code - bona fide purchaser of the land plot can be sure that the content of the Land Register reflects realistically the set of rights on a land plot. Public confidence solves the main issue of property turnover of real estate - provides the detailed legal information to the buyer on the rights and obligations on the land plot. Today the state system of registration of rights in Germany continues its evolution by introducing AFIS-ALKIS-ATKIS-Modell. Moreover, each federal state alone is responsible for the strategy and implementation schedule of the cadastre registration system.

The state system of registration of rights in Germany has a history of over 200 years. It has evolved from the the cadastre of land to the system of registration of rights. The basis of the modern system of state registration of rights in Germany is the Land Register. This is the official document showing the real situation of legal relations on a land plot. The state policy on registration of rights is within the competence of the Federal Ministry of Justice and consumer rights protection. Directly the registration of the rights is carried out by the Senior Judicial Officer. The registered to the Land Register data are in the mode of the presumption of legality of registered rights under § 891 of the German Civil Code. The Land Register itself enjoys the public trust under § 892 of the German Civil Code - bona fide purchaser of the land plot can be sure that the content of the Land Register reflects realistically the set of rights on a land plot. Public confidence solves the main issue of property turnover of real estate - provides the detailed legal information to the buyer on the rights and obligations on the land plot. Today the state system of registration of rights in Germany continues its evolution by introducing AFIS-ALKIS-ATKIS-Modell. Moreover, each federal state alone is responsible for the strategy and implementation schedule of the cadastre registration system.