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From time to time you will receive information on important case law and commentaries/remarks by notaries.
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...
Court decision of September 26, 2024: Only a property in the legal sense can be the subject of a partition auction</trp-post-container
Today I would like to refer to a decision of the V. Civil Senate on the subject of partition auctions: BGH, decision of 26.09.2024 - V ZB 8/24 Guiding principle: A partition auction can only be carried out in relation to plots of land in the legal sense that are entered in the inventory of a land register sheet under a separate number. The auction of a single parcel of land that is part of a larger...
BGH ruling on structural changes in WEG
Today I would like to introduce you to an interesting decision by the Federal Court of Justice on structural changes to a condominium. The decision was issued on July 19, 2024 (default judgment) and has the file number V ZR 226/23. The guiding principles are as follows: a) Since December 1, 2020, the condominium owners have been able to decide on a structural change even if the right to use the property...
OLG Naumburg: Quality agreement for a list of tenants attached to the purchase agreement
Today I would like to draw your attention to a decision by the OLG Naumburg of November 6, 2023. It concerned a case in which it was disputed whether a so-called "quality agreement" had been made tacitly (implied). This is important because purchase agreements for used properties are usually concluded with an exclusion of the right to claim for material defects; however, such exclusions...
Welcome to my new website!
Welcome to our new website. We hope you like our "fresh coat of paint". We are always very grateful for criticism and constructive feedback! Yours, Stefan Heinze