Posts by Dr. Stefan Heinze

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...

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...

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...

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 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