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The transfer of ownership of land is subject to a special regulation. Since a plot of land is a non-movable thing, a transfer cannot be executed in a recognisable act. Therefore, a transfer requires a so-called conveyance, which is notarised before a notary and which replaces the transfer of the land.
This is executed in a second step by entering the change in the land register. In the procedural process, an application for entry of the new owner in the land register is made with the declaration of conveyance. Only through this act is the actual ownership transferred. In some cases, however, ownership may already be transferred before the entry in the land register, e.g. through succession or through official acts in the context of a compulsory auction.
Registration in the land register can be a lengthy process. A registration in the land register can be a lengthy To secure his right, a buyer can therefore secure his own claim to the transfer of a property by means of a so-called priority notice. This secures the buyer in such a way that the remaining owner cannot effectively make any other dispositions.
If, for example, an owner were to fraudulently sell a property twice, the more recent purchase contract would be invalid and entry in the land register would no longer be possible. In order to be able to register a priority notice, the buyer needs the consent of the seller or the beneficiary.
In general, a seller of a property is not obliged to draw attention to material defects that can be detected during an inspection without paying particular attention. A duty to provide information is particularly not given if assistance in the form of an architect is present at the buyer’s inspection. If the seller can credibly show that he has provided important information, it is the buyer’s task to prove that this information was not provided.
Nevertheless, the law on the sale of real property also provides for a warranty for material defects. Irrespective of the above, it should therefore always be examined to what extent such a warranty should or should not be excluded in any purchase contract to be concluded.
The purchase and sale of real estate is a complex process that is best handled with the help of an experienced lawyer.