Grundstücken

Grundstücken refers to defined portions of land with fixed boundaries, typically consisting of the land itself and any permanent structures affixed to it. In German-speaking civil law, a Grundstück is immovable property that is legally identifiable and registered in the land register (Grundbuch). The boundaries are measured and stored in the cadastre, where each parcel is recorded as a Flurstück. Ownership is held as Eigentum, and a Grundstück may carry various rights and obligations, such as easements (Grunddienstbarkeiten), usufruct (Nießbrauch), or liens (Hypothek, Grundschuld).

Legal framework and administration: Transfers of ownership generally occur by notarial deed, with entry in the Grundbuch to effect the Eigentumsübertragung. The size, location, and encumbrances of a Grundstück are reflected in the Liegenschaftskataster, while the permissible use and development are influenced by planning instruments such as the Bebauungsplan and building regulations. Zoning determines land use, building density, and setback requirements.

Types and uses: Grundstücke can be undeveloped (unbebaut) or developed with buildings (bebaut). They are categorized by intended use, such as residential, commercial, agricultural, or mixed-use. Special arrangements, like Erbbaurecht (long-term building rights granted on another's Grundstück), reflect flexible ownership and use arrangements without full ownership transfer.

Taxes and costs: Ownership incurs ongoing costs such as Grundsteuer (property tax). Upon acquisition, buyers typically face Grunderwerbsteuer (real estate transfer tax) and notarial and registration fees. Ongoing costs may include maintenance, insurance, and, in co-ownership situations, service charges.

Market and due diligence: Real estate transactions involve due diligence, including title search in the Grundbuch, verification of encumbrances, and consideration of planning constraints that may affect use or value.