Grundbuchübertragung

Grundbuchübertragung refers to the legal process of transferring ownership of real estate recorded in the German land register, known as the Grundbuch. This process is essential for any change in property ownership, whether due to a sale, inheritance, gift, or court order. The Grundbuch serves as an official record of land ownership, encumbrances, and other rights associated with a property.

The transfer of title is not legally effective upon signing a purchase agreement. Instead, it requires a formal entry into the Grundbuch. This involves two key steps. First, a "Auflassung" must be executed. This is a notarized declaration by the seller that they agree to transfer ownership to the buyer. Second, the buyer must be registered as the new owner in the Grundbuch, which is performed by the local court (Amtsgericht) responsible for land registration.

To initiate the Grundbuchübertragung, a notary public plays a crucial role. They draft the purchase agreement, ensure all legal requirements are met, and handle the submission of the necessary documents to the land registry office. The buyer typically pays the land transfer tax (Grunderwerbsteuer) before the entry can be finalized. The process ensures legal certainty and public transparency regarding property ownership.