Latest news
From time to time you will receive information on important case law and commentaries/remarks by notaries.
BGH confirms the admissibility of neighboring building rights
I would like to present a decision of the BGH from December 19, 2025 (V ZR 15/24); this can be accessed in full text on the BGH website and will certainly be published in numerous specialist journals. The BGH confirms the admissibility of a so-called „neighboring building right“. This is (in simple terms) a heritable building right that extends beyond the...
OLG Dresden: Exchange of co-ownership shares permissible under civil law in any case
OLG Dresden, 7.7.2025, 17 W 428/25: Exchange of co-ownership shares of spouses permissible. An interesting decision by the Higher Regional Court of Dresden on July 17 deserves attention: Two spouses were registered as equal owners of a property. Now each spouse transferred their half to the other. What is striking about this is that, in the end, the ownership structure does not change. The...
New information on the procedure for the tendering of lost land charge certificates (OLG Cologne, August 13, 2025)
News from the Higher Regional Court of Cologne on the procedure for the imposition of bids in the event of the loss of land charge certificates (August 13, 2025, 2 W 125/25): Facts and decision: In principle, the creditor entered in the land register is entitled to file a petition for the execution of a bidding procedure pursuant to § 1162 BGB (loss of land charge certificates, § 467 para. 2 FamFG). In most cases, this concerns circumstances in which the loan has long been...
OLG Braunschweig, September 1, 2025, 2 W 808/25: Ground rent adjustment can also be entered in the land register for clarification purposes
A decision of the Higher Regional Court (OLG) of Braunschweig dated September 1, 2025 (Ref. 2 W 808/25) deals with the (very practice-relevant) question of whether the merely clarifying entry of a change in ground rent (by virtue of a value protection clause) can be entered in the land register as a change in content. The main facts of the case can be summarized as follows: - Initial situation: A property was encumbered with a heritable building right,...
OLG Naumburg (Saxony-Anhalt): Exceptions to pre-registration obligation GbR in land register proceedings are to be handled restrictively
OLG Naumburg: Restrictive interpretation of the MoPeG transitional provision in the event of a GbR sale (Art. 229 § 21 EGBGB) Pre-registration of the GbR in the company register: When does the exception apply? In its decision of 28 February 2025 (case reference: 12 Wx 52/24), the Naumburg Higher Regional Court (OLG) made an important ruling on the transitional provision of the MoPeG (Act on the Modernization of Partnership Law). The decision clarifies the restrictive...
OLG Brandenburg: Interpretation of a power of attorney to encumber (lack of mention of Section 800 ZPO harmless)
Higher Regional Court of Brandenburg facilitates practice in the case of encumbrance powers of attorney (Section 800 ZPO) In its decision dated September 23, 2025 (case no. 5 W 120/24), the Higher Regional Court of Brandenburg issued a decision of practical relevance regarding the interpretation of encumbrance powers of attorney. The court provides clarity for the creation of enforceable mortgages and thus creates more legal certainty in land register proceedings. Starting point: Power of attorney to create security rights over real property In...
Court of Justice of January 24, 2025: Crossing construction obligation does not constitute a right of way under civil law
Today I present a decision of the BGH from January 24, 2025 (case reference: V ZR 51/24). The Court ruled that a crossing construction obligation does not constitute a right of way under civil law. The facts of the case were as they often are: neighbors were in dispute with each other. The plaintiff's property had been created by a division of land and had a courtyard and two garages. The driveway...
On the interpretation of Section 35 (1) sentence 2 GBO in the case of a compulsory portion penalty clause - disagreement among OLGs
Is a notarized will (or contract of inheritance) sufficient or is a certificate of inheritance required in the land register procedure? This question is answered by Section 35 (1) sentence 2 of the Land Register Code (GBO). Such a disposition of property upon death can prove the succession for land register purposes, unless the land register office does not consider the succession to be proven by these documents. However...