Last Updated on June 28, 2021 by LawEuro
German Civil Code (BGB) German law
Title 2
Acquisition and loss of ownership of plots of land
Section 925
Declaration of conveyance
(1) The agreement between the alienor and the acquirer (declaration of conveyance) necessary for the transfer of ownership of a plot of land under section 873 must be declared in the presence of both parties before a competent agency. Any notary is competent to receive the declaration of conveyance, notwithstanding the competence of other agencies. A declaration of conveyance may also be made in an in-court settlement or in an insolvency plan that has been finally and non-appealably confirmed.
(2) A declaration of conveyance that is made subject to a condition or a stipulation as to time is ineffective.
Section 925a
Document of land transaction
The declaration of a conveyance should be received only if the document of the contract required under section 311b (1) sentence 1 is submitted or is drawn up at the same time.
Section 926
Accessories of the plot of land
(1) If the alienor and the acquirer agree that the disposal is to include the accessories of the plot of land, the acquirer, together with the ownership of the plot of land, also acquires ownership of the accessories in existence at the time of the acquisition, to the extent that they belong to the alienor. In case of doubt it is to be assumed that the disposal is intended to extend to the accessories.
(2) If the acquirer, on the basis of the disposal, acquires possession of accessories that do not belong to the alienor or that are encumbered with the rights of third parties, the provisions of sections 932 to 936 apply; for the good faith of the acquirer, the time when he acquired possession is conclusive.
Section 927
Public notice procedure
(1) The right of the owner of a plot of land may, if the plot of land has been in the proprietary possession of another for thirty years, be excluded by public notice procedure. The period of possession is calculated in the same way as the period for acquiring a movable thing by prescription. Where the owner is registered in the Land Register, the public notice procedure is admissible only if he is dead or missing and a registration in the Land Register that required the approval of the owner has not been made for thirty years.
(2) The person who obtained the exclusory order obtains ownership by having himself registered in the Land Register as owner.
(3) If, before the exclusory order is pronounced, a third party has been registered as owner or, on the basis of the ownership of a third party, an objection to the accuracy of the Land Register has been registered, the exclusory order has no effect with regard to the third party.
Section 928
Relinquishment of ownership, appropriation by fiscal authority
(1) The ownership of a plot of land may be relinquished by the owner declaring the waiver to the Land Registry and the waiver being registered in the Land Register.
(2) The right to appropriate the relinquished plot of land belongs to the fiscal authority of the Land in which the plot of land is situated. The fiscal authority acquires ownership by having itself registered in the Land Register as owner.
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