Gewährung einer Einsicht in das Grundbuch
Inhalt
Begriffe im Kontext
Fachlich freigegeben am
Fachlich freigegeben durch
- § 12 paragraph 1 Land Registry Code (GBO)
- Section 133(1) of the Land Registry Code (GBO)
- § 80 Land Register Order (GBV)
- § 81 Land Register Order (GBV)
- § 82 Land Register Order (GBV)
- § 83 Land Register Order (GBV)
- § 84 Land Register Order (GBV)
- § 85 Land Register Order (GBV)
- § 85a Land Register Order (GBV)
- § 86a Land Register Order (GBV)
If you belong to the group of participants named in § 133 GBO and the admission requirements listed in § 133 GBO are met, you can apply for admission to the automated land register retrieval procedure.
The automated land register retrieval procedure enables authorised participants to view the electronic land register directly online. The target group of this range of services offered by the judiciary are courts, authorities, notaries, publicly appointed surveyors, persons entitled in rem to the property, a person or body commissioned by the person entitled in rem, the Staatsbank Berlin and for the purposes of the automatic processing of requests for information, but not other public-law credit institutions.
The establishment of an automated procedure enabling the transmission of data from the computerised land register by search shall be permitted, provided that it is ensured that:
- the retrieval of data does not exceed the inspection permitted under or on the basis of §§ 12 and 12a GBO,
- the admissibility of retrieval can be checked on the basis of logging.
Permission to participate in the automated land register retrieval procedure may only be granted to courts, authorities, notaries, publicly appointed surveyors, persons entitled to the property in rem, a person or body commissioned by persons entitled in rem, the Staatsbank Berlin and for the purposes of the automatic processing of requests for information, but not to other public-law credit institutions. It presupposes that:
- this form of data transfer is appropriate taking into account the legitimate interests of the persons entitled in rem concerned because of the large number of transfers or because of their particular urgency,
- the principles of proper data processing are observed on the part of the recipient, and
- on the part of the land registry office, the technical possibilities of setting up and handling the procedure are given and a disruption of the business operations of the land registry office is not to be expected.
Title of costs:
Mode of payment:
If applicable, additionally: or credit card payment upon receipt of invoice via ePayment platform
The application form must be completed in full and sent to the Higher Regional Court of Frankfurt am Main. If the admission requirements are met, approval is granted to participate in the automated land register retrieval procedure.
If the application is rejected, an application for a court decision may be filed pursuant to Section 23 of the Introductory Act to the Judiciary Act (EGGVG).
- Land register inspection Granting
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Permission to participate in the automated land register retrieval procedure may only be granted to courts, authorities, notaries, publicly appointed surveyors, persons entitled to the property in rem and a person or body commissioned by persons entitled in rem, the Staatsbank Berlin and for the purposes of the automatic processing of requests for information, but not to other public-law credit institutions.
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Appropriateness is assessed prior to authorisation. It is given in the case of a large number of calls or in the case of a particular urgency.
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A distinction is made between the unrestricted (§ 133 (2) sentence 2 GBO) and limited (§ 82 (2) GBV) retrieval procedure.
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Only certain persons and bodies can be admitted to the "unrestricted retrieval procedure", namely notaries, publicly appointed surveyors, courts and authorities.
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Admission to the "restricted retrieval procedure" is granted exclusively in the following cases:
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an inspection on the basis of one's own right in rem to the property, a right equivalent to immovable property or a right to such a right,
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inspection with written consent and on behalf of the person entitled in rem,
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the written consent of the owner of the land, the holder of a heritable building right, the owner of a building property or the heritable building owner or
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an enforcement measure (this requires the existence of an enforceable title).
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Admission to participate in the restricted retrieval procedure is extremely rare due to the strict examination of appropriateness, since land register contents are available without content restriction upon admission. Applicants are almost always referred to the inspection of the land register according to § 12 GBO instead of an admission.
- The competent court is the Higher Regional Court of Frankfurt am Main
Forms available: Yes
Written form required: No
Informal application possible: Yes
Personal appearance required: No
Online services available: Yes