Ordinance on the Implementation of the Basic Accounting Regulations (Grundbuchdecregung-GBV)

Unofficial table of contents

GBV

Date of completion: 08.08.1935

Full quote:

" Basic booking in the version of the notice of 24 January 1995 (BGBl. 114), the most recent of which is Article 8 of the Law of 29 June 2015 (BGBl. 1042).

Status:	New by Bek. v. 24.1.1995 I 114;
	Last amended by Art. 8 G v. 29.6.2015 I 1042

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1978 + + +)
Heading: IdF d. Art. 3 (2) No. 1 G v. 20.12.1993 I 2182 mWv 25.12.1993

Section I
The land register

Subsection 1
Land-based districts

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§ 1

(1) Land districts are the county districts. To the extent that several municipalities are grouped together into one administrative district (general municipalities; compound municipalities), they form a land-based district. However, a municipal district may be divided into several land-based districts by order of the Land Justice Department or the authority designated by it. (2) If a municipal district is combined with another municipal district, or becomes a municipality county or a suburb of the type referred to in the third sentence of paragraph 1 has been divided into several separate administrative districts, the previous land-based districts may be maintained.

Subsection 2
The external form of the basic book

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§ 2

The basic books are kept in fixed volumes or after a closer arrangement of the national justice administrations in volumes or individual stitching with removable inserts. The volumes are to include a number of basic booksheets on a regular basis; several volumes of the same land register district receive serial numbers. To the extent that the basic books are kept in individual bookcases with removable inserts, the provisions which require basic books are not to be applied. Unofficial table of contents

§ 3

(1) All basic booklets of the same land register shall receive serial numbers. If the land register consists of several volumes, the leaf numbers of each additional volume shall be close to that of the preceding book. (2) The serial number sequence of the basic ledger sheets may be deviated if the basic book sheet to be applied to a basic book is a (3) If the land register is kept in individual booklets with removable inserts, the order of the book shall be carried out in accordance with the provisions of the following: National justice administration in the numbering of the individual stitching to be levied The basic booklets of a land register shall be re-entered with the number 1 or with the number following the next free thousands.

Section II
The basic book sheet

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§ 4

Each basic book consists of the inscription, the inventory list and three departments. Unofficial table of contents

§ 5

The inscription shall indicate the local court, the land area and the number of the volume and the leaf. In the cases referred to in section 1 (2), mention should be made of an addition to the association or division of the district. Unofficial table of contents

§ 6

(1) In the list of stocks, column 1 is intended to indicate the running number of the land. (2) Column 2 shows the current numbers of the plots of land from which the property is obtained by association, (3a) Column 3 serves as the name of the land according to the official list within the meaning of section 2 (2) of the basic book order. The following are to be entered:

1.

in sub-column a: the name of the concoction or other surveying district in which the property is situated;

2.

in subcolumn (b), the description of the land within the district referred to in paragraph 1, in accordance with the letters or numbers of the card;

3.

in subcolumns (c) and (d), the name of the land in accordance with the articles or numbers of the tax books (basic control, building control or the like), provided that such names are present;

4.

in sub-column e: the economic nature of the land and the location (road, house number or the other usual name).

The sub-column d determined for the name of the land according to the building control role or a similar book may be omitted after the approximation of the national justice system with the proviso that the sub-column c shall be replaced by the letters c/d ; within the scope of this amendment may be deviated from the patterns in the installation at this disposal. In addition, the Land Justice Department may order the entries referred to in point 3 to be maintained. (3b) As far as the land register is conducted in the loseb platform with a pre-print size of 210 x 297 mm (DIN A4), the national justice administration by way of derogation from the provisions of paragraph 3a) and by the patterns in the installation at that disposal, that:

1.

the columns a and b of column 3 are combined in such a way that the description of the land plot is to be registered under the name of the concoction or the other surveying district; the registration of the land under the name of the congregation or the other surveying district; the name of the concoction or other surveying district may be subject to the approximation of the Land Justice Department if it is in accordance with that of the land register;

2.

the subcolumns c and d of column 3 are omitted and the sub-column e of column 3 intended for the registration of the economic nature of the land and the location is referred to by the letter c.

(3c) As far as in special cases according to the existing legal provisions a land which is not listed in the official register can be entered in the land register, it retains its application. (4) Consists of a plot of land. a number of parts, which are listed as separate parts of the relevant official register (e.g. cadastral parcels), shall be subject to the information provided for in paragraphs 3a, 2 and 3, insofar as this makes the land register, at the discretion of the Basic buchamts would become confusing. In this case, however, the missing information must be furnished in a certified extract from the relevant official list of land which is to be retained in the case of the basic markets. The Land Registry shall rectify the certified extract on the basis of the notification of the authority leading the official register, unless the previous extract is replaced by a new one. If the directory is run by the land registry itself, it has to keep the directory on the running. Instead of the indication required in paragraph 3a (4), the indication of an overall name (e.g. land) is sufficient. From the 9th In accordance with the provisions of this paragraph, a reservation may no longer be made in October 2013. (5) Column 4 shall contain the information on the size of the land according to the relevant official list. Where a plot of land consists of several parts which are listed as separate parts in this list (e.g. cadastral parcels), the size shall be indicated separately in accordance with the separate parts of the land register; is the plot of land in accordance with paragraph 4, the total size shall be indicated. (6) In column 6, the following shall be entered:

a)

The endorsement of the registration of the stock of the leaf at the time of the application (period of registration, number of the previous sheet, etc.);

b)

the transfer of a piece of land to the leaf;

c)

the association of several plots of land registered on the sheet as well as the amortiation of such land to another as a component;

d)

the endorsements, by which previous parts of the land are registered as separate land, in particular in the case of § 7 (1) of the basic book order, unless the part is transferred to another sheet;

e)

the endorsements of corrections to the indication of the stock, but a note in column 6 shall not be required if only the claim referred to in paragraph 3a (3) for subcolumn (c) is refunded or corrected.

(7) Column 8 is intended for depreciation in which the land is excluded from the land register. (8) In the case of entries in columns 6 and 8, columns 5 and 7 shall be the serial number of the property concerned by the registration. to refer to. Unofficial table of contents

§ 7

(1) In columns 1, 3 and 4 of the inventory list, endorsements relating to rights granted to the respective owner of a land on the sheet shall be entered in columns 1, 3 and 4 of the inventory. (3) In the space formed by columns 3 and 4, the right to its content and changes in the space between the two parts of the building are to be added to the actual number of the property. To the right. In the case of change, the current number of the registration is to be noted in column 2. (4) In column 6, the date of registration of the right should be noted. (5) In column 8, the depreciation of the right should be noted. (6) Entries in columns 6 and 8 shall be referred to in columns 5 and 7 to the current number of the right subject to registration. Unofficial table of contents

§ 8

The following shall apply for the registration of a co-ownership share pursuant to § 3 (5) of the Basic Book Order:

a)

In column 1, the serial number of the registration shall be recorded. This is, separated by a broken line, to be accompanied by the serial number of the dominant land with the addition "to";

b)

in the space formed by columns 3 and 4, the proportion of the height shall be designated. The Community property shall be described in this connection;

c)

for the filling of columns 5 to 8, § 6 (6) to (8) shall apply accordingly.

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§ 9

(1) In the first division are to be entered:

a)

in column 1: the serial number of the entry referred to in point (b). Several owners, who are in a relationship of the type mentioned in § 47 of the Basic Book Order, are to be named in accordance with Example 1 in DIN 1421, edition January 1983 ^* , numbered;

b)

in column 2: the owner, in the case of several Community owners, also the indication required by section 47 of the land register; there is no legal relationship between a number of owners of the type referred to in § 47 of the basic book order, indicate the name of the owners of the content of their right;

c)

in column 3: the serial number of the land to which the entries in column 4 relate;

d)

in column 4: the date of the registration or otherwise of the registration (certificate of inheritance, European certificate of succession, testament, decision on the award, authorization of the correction of the basic book, request of the competent authority, decision to grant expropriation, ), the waiver of ownership of a property (§ 928 para. 1 BGB) and the date of registration.

(2) The registration of a new owner shall also be carried out in the cases of leaving a land from the land register and entering a land plot in the land register in the first division.

*

To be obtained from Beuth Verlag GmbH, Berlin, and archive moderately with the German National Library.

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§ 10

(1) In the second section are entered:

a)

all charges on the land or part of the land, with the exception of mortgages, basic debts and pension liabilities, including the prenotes and contradictions relating to these burdens;

b)

the restriction of the right of disposal of the owner, as well as the prenotes and contradictions of ownership;

c)

in the case of the expropriation proceedings, in the procedure for clarifying the conditions of precedence (§ § 90 to 115 of the basic book order) and in similar cases provided for in these proceedings, which indicate the basis of these proceedings.

(2) In column 1, the serial number of the entries in this section shall be given. (3) Column 2 shall be used to indicate the serial number under which the affected property is entered in the inventory list. (4) In column 3 the restriction shall be borne by the restriction of disposal, including in view of the limited rights referred to in paragraph 1, or of the other endorsement. The registration of the endorsements provided for in Article 9 (1) of the Basic Regulations is also to be made there. (5) Column 5 is intended to register changes in the number of entries entered in columns 1 to 3, including the Limitations of the authorized person at the disposal of a right and of the endorsement according to § 9 (3) of the Basic Book Order in columns 1 to 3, if the restriction or the endorsement according to § 9 (3) of the Basic Book Order is retrospected (6) The deletion of the endorsements entered in columns 3 and 5 shall take place in column 7. (7) Entries in columns 5 and 7 shall be indicated in columns 4 and 6 of the serial number under which the registration in column 1 is noted. Unofficial table of contents

§ 11

(1) In the third section, mortgages, basic debt and pension liabilities, including the prenotes and contradictions relating to these rights, shall be registered. (2) Column 1 shall be for the current number of the persons in this department (3) In column 2, the serial number under which the loaded land is entered in the inventory list. (4) The column 3 is used to indicate the amount of the right, in the case of the pension liabilities of the (5) In column 4, the right of content is entered, including the right to (6) In column 7 the registration of changes in the rights recorded in columns 1 to 4, including restrictions on the rights of the person concerned, shall be made available at the disposal of the (7) In column 10, the endorsements entered in columns 3, 4 and 6, 7 are deleted. (8) In columns 7 and 10, entries in columns 5 and 8 are the serial number, under which the registration in column 1 is entered, and in columns 6 and 9 of the entry in column 1, the amount of the right affected by change or deletion. Unofficial table of contents

§ 12

(1) A preliminary note shall be entered:

a)

if the precuration secures the right to transfer of ownership, in columns 1 to 3 of the second division;

b)

if the prepeculiation secures the right to grant a different right to the property or to a right under the property, in the department and column designated for the final registration;

c)

in all other cases, in the column of the department which is intended for change, in which the law concerned by the notice is registered.

(2) These provisions shall apply mutas to the registration of an objection.

Section III
The entries

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§ 13

(1) In the case of the association and the enrolments of land (Article 6 (6) (c)), the entries in columns 1 to 4 relating to the participating plots shall be highlighted in red. The land created by the association or the amortiation shall be entered under a new serial number; in addition to this number, reference shall be made in column 2 to the current serial numbers of the land concerned, provided that they are already in force. have been registered on the same land sheet. (2) Previous parts of the land (Article 6 (6) (d)) are entered under new serial numbers; in addition to these numbers, the current number of the land in column 2 is to be added to the current number reference. The entries relating to the original plot are to be highlighted in red in columns 1 to 4. (3) If a plot is completely written off, the number of the basic book in column 8 of the inventory is to be indicated in the list. The property is taken up; if the sheet is assigned to another land area, it is also to be specified. Entry in columns 1 to 6 of the inventory, as well as in the three departments, which relate exclusively to the property that has been written off, are to be highlighted in red. In column 6 of the inventory of the basic book into which the property is entered, the previous accounting point shall be indicated in the appropriate application of the first sentence. If a right or any other registration in the second or third department is transferred with the property, this is to be noted in the change column of the respective affected department of the previous sheet. The rates 1 to 4 shall also apply to the co-ownership shares registered in accordance with § 3 (5) of the Land Book Code, if a sheet is laid down for the entire communal land according to § 3 (8) and (9) of the Land Code. (4) If a Paragraphs 2 and 3 (1) to (4) shall apply mutatily to the part of the land. A part of the land which is listed in the official register as an independent parcel in accordance with § 2 (2) of the basic book order shall be written off only if it is in column 3 subcolumn b of the inventory in accordance with is registered with the official directory. In the case of the second sentence, the Land Registry may depart from the registration of the remaining parts of the property under a new serial number; in this case, only the information relating to the signed part shall be highlighted in red. Deletions of rights on the part of the land are to be entered in the column of change of the department concerned. If the property is referred to in accordance with Article 6 (4), the depreciation shall also be recorded in the certified extract to be stored in the basic markets from the authoritative official list of the land; a whole or part of the property shall be recorded. (5) The provisions of paragraphs 3 and 4 shall also apply in the event of the leaving of a land or part of the plot of land. from the land register (§ 3 (3) of the basic book order). Unofficial table of contents

§ 14

(1) Where a notice is entered on a change in a right attributed to the respective owner of a land recorded on the sheet, the previous endorsement in columns 3 and 4 shall be highlighted in red to the extent that it is indicated in columns 3 and 4 by the Content of the change note becomes subject to consideration. In addition, in the case of the previous entry in column 1, a reference to the serial number of the change note shall be entered. (2) In the case of the depreciation of such a right, the entries in columns 1 to 6 of the inventory list shall be the entries which shall: refer to this right to underline red. Unofficial table of contents

§ 15

(1) For the name of the person concerned, the following shall be stated in the land register:

a)

in the case of natural persons, first name and surname, date of birth and, if it is clear from the registration documents, academic degrees and former surnames; the date of birth does not arise from the registration documents and is the basic buchamt not otherwise known, the place of residence of the person entitled shall be declared;

b)

in the case of legal persons, trade and partnership companies, the name or the firm and the registered office; the register court and the register sheet of the registration of the person entitled to be entered in the trade, cooperative, a register of partnership or association where such information is obtained from the registration documents or is otherwise known to the Land Registry;

c)

in the case of the registration of a company civil law in accordance with Article 47 (2) of the Land Register, the characteristics referred to in point (a) or (b) and the name of the company may, in addition, be the name and seat of the company. shall be specified.

(2) In the case of entries for the Treasury, a municipality or any other legal person under public law, the part of his property, to which the registered property or the law belongs, or the purpose of purpose, may be made at the request of the person entitled to the claim. of the land or of the right by a supplement to be added in parentheses to the name of the person concerned. On request, it may also be indicated by which authority the Treasury will be represented. (3) (omitted) Unofficial table of contents

§ 16

In the registration of a new owner, the endorsements in columns 1 to 4 of the first division, which relate to the previously registered owner, are to be highlighted in red. Unofficial table of contents

§ 17

(1) In the case of real loads, mortgages, basic debts and pension liabilities, the amounts of money to be entered in the land register (§ 1107, § 1115 para. 1, § 1190 (1), § 1192, 1199 of the Civil Code) are included in the notes on the registration of the law with Letters to write. The same applies to the registration of a change or cancellation with respect to a partial amount of a right, as well as in the case of § 882 of the Civil Code for the registration of the maximum amount of the value set. (2) Will be in the second or The third department deletes an entry completely, so it is red to underline. The same shall apply to endorsements relating exclusively to the deleted registration. The red underlining can be replaced by the fact that a horizontal red line is drawn over the first and under the last line of the registration or the endorsement, and both strokes are drawn through a lower right from top left to bottom right red slash; if an entry or an endorsement extends to more than one page, then the procedure shall be applied on each page. In the event of the deletion of an inheritance law with the simultaneous registration of the notice referred to in § 31 para. 4 sentence 3 of the inheritance law, it shall be pointed out in the deletion note. (3) In the second or third department a note shall be made a change is entered into, according to which the contents of the land register become subject to a previously registered endorsement in whole or in part, the earlier note shall be highlighted in red to that extent. If the previously registered note becomes completely unopposed, the second sentence of paragraph 2 shall apply accordingly. (4) In the case of partial agreements and other divisions of the rights registered in the third division, the number to be entered in column 5 shall be a number in accordance with Example 1 in DIN 1421, edition January 1983 ^* (5) If a mortgage, basic debt or pension liability is partially deleted, then in column 3 of the third division the deleted part shall be written off the amount. If this deletion refers to a partial amount (paragraph 4), the deleted part is also to be written off in column 6 of the partial amount.

*

To be obtained from Beuth Verlag GmbH, Berlin, and archive moderately with the German National Library.

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§ 17a

§ 17 (2) sentence 3 shall also apply in the case of erasure in the inventory register or in the first department. Unofficial table of contents

§ 18

Information on the status of a registered right should be noted in all the rights involved. Unofficial table of contents

§ 19

(1) In the cases referred to in Article 12 (1) (b) and (c), the right half of the column for the final registration shall be released upon registration of the prenotice. However, this does not apply if it is a priority which secures a right to the annulment of a right. (2) To the extent that the registration of the notice by the final registration loses its meaning, it must be highlighted in red. (3) These rules shall apply mutas to the registration of an objection. Unofficial table of contents

§ 20

If, in the case of a registration, a number of columns of the same section or department are to be filled out, all endorsements within the meaning of section 44 of the basic book order shall be deemed to be an entry only. Unofficial table of contents

Section 21

(1) The entries shall be made clearly and without any abbreviations. In the land register, nothing can be radiated or made illegible. (2) For entries which are to be made with the same text in a larger number of basic book sheets, the use of stamps with the approval of the (3) All of the entries in the inventory and in the second and third departments are in direct contact with the previous one in the vacant position. Entry of the same column and irrespective of the registration of another column (4) If entries are to be printed on a land register held in the platform, by way of derogation from paragraph 3, the vacant registration area in front of them may be included in the columns to which the registration to be printed is to be printed. , shall be suspended in accordance with the following provisions. Immediately following the last entry, the reference not to be signed shall be attached: 'Subsequent registration room blocked with a view to subsequent registration'; stamp may be used without the need to: Authorisation referred to in paragraph 2 is required. Then, horizontal lines are drawn on each side in the free entry space at the top and bottom over the entire width of the affected columns, and these lines are connected by a forward slash extending from the top left to the bottom right. The upper horizontal line shall be immediately adjacent to the reference referred to in the second sentence and, if it is mounted on a preceding page in the case of a barrier extending over several sides, it shall also be on each of the following pages: directly below the upper limit of the entry space, to draw the lower horizontal line directly above the lower limit of the space to be blocked on each side. If all the columns concerned are not adjacent to one another on one side, the blocking according to the above rules shall be carried out separately for the columns which are adjacent to each other. Unofficial table of contents

Section 22

The detailed description and the filling of the base sheet shall be obtained from the sample enclosed in Appendix 1. The pro-imments contained therein are not part of the present invention. Unofficial table of contents

§ 23 (omitted)

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Section IV
The basic markets

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§ 24

(1) The documents and copies which are to be kept from the Land Registry pursuant to § 10 of the Basic Book Order shall be taken to the basic markets, namely the granting of the registration of an inheritance law to the basic markets of the Erbbaugrundbuch. (2) Where a document of the kind referred to in paragraph 1 relates to entries on different base sheets of the same basic book, it shall be taken to the basic markets of one of the sheets concerned; in the basic markets of the other sheets, the document shall be referred to (3) Is a document of the type referred to in paragraph 1 in other (4) In the case of the basic markets, a form corresponding to the general ledger of the basic book shall be sufficient for the basic documents to be provided. (handsheet), which contains a literal reproduction of the entire contents of the basic book. The officials responsible for the management of the basic book shall ensure that the manual sheet is in accordance with the general ledger sheet. Unofficial table of contents

§ 24a

Documents or copies which are to be kept in the basic books in accordance with § 10 of the basic book order should be described in detail in a double-sided form, only the registration documents are to be included and submitted only once to the respective basic document. § 18 of the Basic Book Order does not apply to this extent. To this end, the Federal Ministry of Justice issues recommendations in agreement with the State Justice Administrations and the Federal notary Chamber.

Section V
The change of jurisdiction

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Section 25

(1) If the responsibility for the management of a land sheet is to be transferred to another land registry, the previous sheet shall be closed; the other basic office shall be the basic markets and a certified copy of the basic book shall be concluded. (2a) The publication of the new sheet shall refer to the previous sheet. (2b) Deleted entries shall be transferred to the new sheet in so far as this is necessary for the understanding of the entries still valid. For the rest, only the serial numbers of the entries are to be taken over with the words "Deleted". The acceptance of the numbers of the entries with the notice "Deleted" cannot be accepted and the holdings of entries under new serial numbers shall be accepted if ambiguities are not to be obtained. (2c) The conformity of the contents of the The new sheet with the contents of the previous sheet shall be certified in the inventory and in each department by the person responsible for the management of the land register and the official of the office. The certificate can be made several times in the inventory or in a department if the columns are not filled out to the same extent. If there are vacancies in front of a certificate, they must be crossed. (2d) The land registry, which applies the new leaf, must inform the former competent general office of the name of the new leaf. This is added to the notice of closure (§ 36 (b)) on the old leaf. (3a) The responsibility for the management of the land register shall be the responsibility of one of several land registered on a Community sheet or on the basis of a Part of the plot of land to another land registry, the property or the land part must be written off. A certified copy of the basic book, as well as the basic markets, must be sent to the other basic office for the purpose of making copies and extracts of the documents relating to the registered property. (3b) If the transfer of the land is Responsibility of a previous change of ownership, which requires the registration of the new owner, shall be subject to the property of the new owner on a new sheet, and shall be subject to the following paragraphs: 1 and 2. (4) In the depreciation note, the name of the leaf, to which the The property or the land part is transferred, initially to leave open. It shall be carried out on the basis of a communication to be made by the basic office which is now responsible for the basic office of the former competent authority. Unofficial table of contents

Section 26

(1) If, in the case of a county change, the guidance of the basic book is to be applied to another land registry in the appearance of all the leaves of a land register, the volume shall be delivered to the other base office. The same applies if the district change does not affect all but most of the leaves of a volume and the delivery is appropriate. (2a) The volume to be delivered must be sent to the other land registry. (2b) The volume to be delivered by the District change of non-affected land sheets must be closed. Your content is to be transferred to a new basic book sheet. Section 25 (2a) to (2c) shall apply accordingly. In the closing note (§ 36 (b)), the name of the new sheet is to be specified. (3) The basic book volumes and sheets issued shall be given new names in accordance with § 2 sentence 2 and § 3. In the new inscription (§ 5), in brackets with the addition "earlier" also the previous district and the previous band and leaf numbers are to be stated. (4) With the basic book volumes are the basic markets as well as the other on the included in it (5) In the case of land which does not have a basic book sheet, the documents relating to them shall be made equally. (6) The management of the documents shall be the subject of the following: Basic booklets of a whole land register on another land registry, so are also the Collection files and directories (e.g. (7) In the cases referred to in paragraphs 4, 5 and 6 above, a note shall be withheld from the levy. Unofficial table of contents

§ 27

The provisions of section 25 and section 26 (1), (2) and (3) shall apply mutatis-ly if a plot of land passes into another land-based area of the same land registry. Unofficial table of contents

§ 27a

(1) The responsibility for the management of one or more land-book sheets shall be transferred to another Land Registry and shall be the basic book in individual booklets with removable cover for the two general ledger offices involved. The sheets in question are not to be closed, but to be delivered to the basic buchamp, which is now responsible. Section 26 (3), (4), (6) and (7) shall apply accordingly. In the case of § 27, according to the first sentence and § 26 (3), the procedure is to be followed. (2) If the land register is held in individual bookcases with a removable cover only for one of the participating land register offices for the eligible district, according to § 25 (1) and (2), § 26 (3), (4), (6) and (7). In the case of § 27, § 25 (1) and (2), § 26 (3) shall be applied.

Section VI.
The rewriting of basic books

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§ 28

A basic book sheet is to be rewritten if it has become confusing. It can be rewritten if it is significantly simplified by rewriting. Unofficial table of contents

§ 29

Prior to the rewriting, the person responsible for the management of the basic book shall have the effect of causing the person to perform his duties (e.g. § § 4, 53 of the Land Order Code). It has to decide on the initiation of a deletion procedure (§ § 84 to 89 of the basic book order) or of a procedure for clarification of the hierarchy (§ § 90 to 115 of the Basic Book Order) and the procedure before the rewriting , and shall also, where appropriate, inform the parties concerned of the elimination of incorrect entries and of the association or the amortiation of land. Unofficial table of contents

§ 30

(1) The following provisions shall apply to the new sheet:

a)

The sheet shall be given the next consecutive number; § 3 (2) shall apply.

b)

In the copy of the new sheet reference is made to the previous sheet.

c)

Deleted entries will be transferred to the new sheet under their current number to the extent that this is necessary for the understanding of the entries still valid. For the rest, only the serial numbers of the entries are to be taken over with the words "Deleted". The entry of the entries with the notice "Deleted" cannot be accepted and the holdings of entries under new serial numbers shall be accepted if there is no need to obtain any ambiguity, in the case of entries in the the second and third sections of the respective current numbers are noted.

d)

The entry notes are to be summed up and changed in such a way that only their current content is taken over into the new sheet.

e)

Changes in a right are to be entered in the columns intended for the registration of the law itself; however, special rights (e.g. rights of the lien), erasure notices and endorsements relating to several rights are to be found in the same language. to be entered again in the columns for change.

f)

(dropped)

g)

In the second and third departments, the date of the first registration of a right shall be transferred.

h)

1.

Any endorsement of which the signature is required shall be accompanied by the words "rewritten" and shall be signed by the person responsible for the management of the basic book and the official of the office of the office.

2.

In column 6 of the inventory list, the note is sufficient: "In the case of rewriting of the confusing leaf ... as stock on ..."; the note in column 4 of the first department shall read: " Sheet ... registered property on rewriting of the sheet here registered on ... ".

i)

In the cases of § 30 (§ § 31, 32) of the Reichsgesetz (Reich Law) on the cleansing of the basic books of 18 July 1930 (Reichsgesetzbl. I p. 305), where possible, shall be contrary to the content referred to in Article 30 of the Law on the Cleanup of the Basic Books in place of the reference to the Law on Recovery, provided that a definitive clarification in a procedure for clarification of the hierarchy (§ § 90 to 115 of the basic book order) or otherwise cannot be reached.

(2) The rewritten sheet shall be closed. In the closing note (§ 36 (b)), the name of the new leaf shall be indicated. Unofficial table of contents

Section 31

The implementation of the rewriting in detail is obtained from the samples enclosed in the units 2a and 2b. Section 22, second sentence, shall apply accordingly. Unofficial table of contents

Section 32

(1) The basic markets held for the closed base book shall be continued with a corresponding change in their name for the new sheet. After the rewritten sheet, a new hand-sheet is to be manufactured. The old hand-sheet must be preserved in the basic markets; it must be clearly marked as the hand-sheet of the sheet closed for rewriting. (2) With the permission of the Land Justice Administration or the authority designated by it, it is also possible to use the closed base-book-sheet. The old handsheet and documents on which an entry in the new basic book is based or referred to may be taken to the basic markets of the new sheet, in which case the third sentence of the third sentence of paragraph 1 shall be applied accordingly. The transaction is to be noted in the closed basic markets. Unofficial table of contents

§ 33

(1) If only the list of inventor or individual sections of the basic book have become confusing, they may be retaken for themselves if that part of the basic book provides sufficient space for this purpose. (2a) § 29 shall be accordingly (2b) The new part of the basic book shall be completed by means of a red-black double line to be drawn across both sides, and shall include the endorsement: "Reconceived due to lack of vision". The entries above the double line are to be crossed in red. (2c) § 30 (1) (c), (d), (e), (g), and (i) shall apply accordingly, but with the exception of sentence 3 (c).

(2d)

1.

Any document which is to be signed and which is required to be signed shall be accompanied by the words "transfer in the case of recasting" and shall be signed by the judge and the official of the office.

2.

In column 6 of the inventory, the words "shall be entered as inventory on the recast of the confisable inventory list ...".

(2e) The non-newly defined parts of the base book remain unchanged.

Footnote

Section 33 (2) (d) No. 1 italic print: now the right-of-law; cf. § 3 Nr. 1 Buchst. h G v. 5.11.1969 302-2

Section VII
The closure of the basic book

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Section 34

In addition to the cases of § 25 (1), § 26 (2), § 27, § 27a (2) and § 30 (2), the basic book sheet is closed if:

a)

all of the land registered on a sheet is excreted from the basic book;

b)

in place of the property, the co-owners ' co-ownership shares according to § 3 (4) and (5) of the land register are entered in the land register and other land plots are not registered;

c)

the property has gone down.

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§ 35

(1) The land register shall also be closed if the property cannot be proved in the locality. (2) Before closing, all those who have a right to the property or to such a right, registered in the land register, shall be entitled to to request, within a reasonable period of time to be determined by the Land Registry, to prove the property in the location, with the indication that the sheet will be closed after a fruitless period of time. The invitation shall be sent to the beneficiaries, insofar as their person and residence is known to the Land Registry. It may also be made public at the discretion of the Land Registry; this has to be done if the person or stay of a person entitled to the Land Registry is not known to the Land Registry. The type of contract notice determines the basic buchamp. Unofficial table of contents

§ 36

The basic book is closed by:

a)

all sides of the leaf, where they contain entries, are crossed in red;

b)

a declaration of closure in which the reason for closure is to be indicated in the inscription.

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Section 37

The numbers of closed basic booklets may not be used again for new sheets of the same land.

Section VIII
The elimination of a double booking

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§ 38

(1) Where a plot of land is registered for itself on a number of basic bushings, the following shall apply:

a)

If the entries correspond to the leaves, then the leaves are to be closed down to one. In the closing note (Section 36 (b)), the number of the non-closed sheet shall be indicated.

b)

1.

If the entries on the leaves do not match, then all the leaves must be closed. A new sheet is to be created for the property. In the closing note (§ 36 (b)), the number of the new leaf shall be indicated.

2.

The basic buchamp decides which entries from the closed leaves to the new sheet are to be taken over. Non-accepted entries shall be secured by means of the registration of contradictions. Before the decision, the Land Registry has to listen to the parties and try to reach an amicable agreement, as far as necessary and in tune with the decision.

c)

The real legal situation shall not be affected by the measures taken in accordance with a and b.

(2a) Where a plot of land or part of the land is registered on a number of basic sheets, at least on one of the basic sheets together with other land or parts of the land (§ § 4, 5, 6, 6a of the basic book order), the following shall be: Write a plot of land or the part of the plot of land from all leaves. A new leaf shall be created for the land or the land part. (2b) For the application of the new sheet, paragraph 1 (b) (2) shall apply. (2c) The new sheet to be applied in accordance with paragraphs 2a and 2b shall be one of the old leaves. (2d) The real legal situation shall remain unaffected by the measures taken pursuant to paragraphs 2a to 2c.

Section IX
The publication of the entries

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§ 39

The rewriting of a basic book is to be notified to the owner, the registered owner, and the cadastral authority (the land register authority, the surveying authority). The extent to which a notification of any changes to the notice of entry is to be combined shall be left to the discretion of the person responsible for the management of the basic book, without prejudice to the provisions of Section 55 of the Basic Book Regulation. The change in the current number of entries (Section 30 (1) (c) sentence 3) shall always be the owner, a registered dinglich, if the current number of his/her right changes or the change is otherwise of importance to him/her , is to be disclosed. If a letter is issued by way of a mortgage, a basic debt or a pension debt, the creditor shall be asked to submit the letter for correction, in particular the number of the basic book, to the Land Registry as soon as possible. Unofficial table of contents

§ 40

(1) If the responsibility for the management of the basic book is due to a district change or otherwise to another land registry (§ § 25, 26), this shall have the registered owner and the person who is visible from the land register The person concerned shall be notified in the form of a notification of the future copy of the basic book. The provisions of § 39 sentence 3 and 4 shall apply accordingly. The above provisions shall not apply if the change in competence extends to all the land of a land register district and the designation of the land register district and the band and leaf numbers remain unchanged. (2) The The provisions of the first sentence of paragraph 1 and the third sentence of Article 39 (3) and (4) shall apply mutatis-ly if a property is transferred to another land register area of the same land registry (§ 27). Unofficial table of contents

Section 41

(dropped) Unofficial table of contents

§ 42

Required machine-made interim orders and the notifications to be made in accordance with § § 55 to 55b of the Basic Book Order do not need to be signed. In this case, the letter 'This letter shall be drawn up by machine and shall also be effective without signature'.

Section X
Basic Book View and Abcriptions

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Section 43

(1) Representatives of national public authorities are empowered to register the land register and to require a copy without requiring the presentation of a legitimate interest. (2) The same shall apply to notaries and to lawyers who are in the If the object of the inspection is the property in question, it is intended to consult the land register for publicly ordered surveying engineers and by the person entitled to do so. Without prejudice to this, the access to the land register and to the issuing of copies shall be admissible if the consent of the registered owner declared in the individual case is explained.

Footnote

Section 43 (1): compatible with the GG in accordance with the decision-making formula, BVerfGE v. 15.6.1983 I 1097-1 BvR 1025/79- Unofficial table of contents

Section 44

(1) Basic periodicals are to be certified on request. (2) The date on which they are produced shall be indicated on simple copies. However, the note shall not be signed. Unofficial table of contents

§ 45

(1) The issuing of a certified copy of a part of the basic book shall be permitted. (2) In this case, the copies shall include the entries relating to the subject-matter to which the copy is to refer. In the endorsement note, the subject-matter must be stated and testified that further entries relating to him are not included in the land register. (3) In addition, the Land Registry is solely responsible for the exchange of information on the basis of the information provided by the parties. of special statutory provisions. Unofficial table of contents

Section 46

(1) The inspection of basic markets is permitted to anyone who presents a legitimate interest, even in so far as they are not the documents referred to in § 12 (1) sentence 2 of the basic book order. (2) The provision of § 43 shall be based on the inspection of (3) As far as the inspection is permitted, a copy may be required, which is also to be certified on request. The transcript may also be transmitted electronically to the applicant. Unofficial table of contents

§ 46a

(1) The Protocol, which is to be carried out in accordance with Article 12 (4) of the Basic Book Order on insights into the land register, must contain:

1.

the date of inspection,

2.

the name of the basic book,

3.

the name of the person receiving the inspection and, where appropriate, the name of the person or body represented by that person;

4.

information on the extent of the granting of views, and

5.

a description of the legitimate interest underlying the insight; this does not apply in the cases of § 43.

Where the authorisation is made by an authorised representative of the owner or of the holder of the same right, only the information referred to in the first sentence of sentence 1 to 3 shall be entered in the minutes. (2) The owner of the land concerned, or the holder of the same right shall, on the basis of the protocol data referred to in paragraph 1, be informed of who has taken a view into the land register. Any further use of the data is not permitted. These are to be protected by appropriate precautions against misuse and against any other misuse. (3) The general ledger inspection by a law enforcement authority shall not be communicated in the context of such information if:

1.

the inspection at the time of the exchange of information is less than six months, and

2.

the law enforcement authority has stated that the disclosure of the insight would jeopardise the success of criminal investigations.

The closing period shall be extended by six months following the release of a new declaration pursuant to point 2 of the first sentence of this Article; a repeated extension of the time limit shall be allowed. If the land owner or the owner of the right to the land is not informed of a land register and the inspection has been announced after expiry of the blocking period on the basis of a new request for information, the reasons for (4) After the end of the second calendar year following the preparation of the Protocols, the Protocols produced in accordance with paragraph 1 shall be deleted. The historical data relating to the basic accounts referred to in the first sentence of paragraph 3 shall be communicated to the property owner or to the holder of the same property for the period of two years from the end of the period during which the notification may not be made. (5) The records of the minutes referred to in paragraph 1, and the provision of information pursuant to paragraph 2, shall be the official of the office of the Land Registry, which shall be responsible for the data subject to the relevant basic book (6) For the issueof land-book copies, the inspection of the basic documents as well as the The issuing of copies from the basic provisions shall apply in accordance with paragraphs 1 to 5. The same shall apply to the inspection of a list in accordance with Section 12a (1) of the Basic Regulations and the issuing of information from such a list, if personal data are disclosed in this way.

Section XI
Mortgage, basic debt and pension school letters

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§ 47

The mortgage letters are to be provided with a title which contains the words "German Mortgage Letter" and the name of the mortgage (§ 56 para. 1 of the Basic Book Order), by means of which the letter is issued. The current number, under which the mortgage is entered in the third section of the basic book, must be repeated in letters. Unofficial table of contents

§ 48

(1) Where a mortgage in the land register is partially deleted, the letter shall indicate, in addition to the title of the right contained in the heading, the amount for which the mortgage still exists: ' Still valid for (indication of the value of the mortgage in the basic book). of the amount). " The old amount is to be highlighted in red. (2) In the same way, in the case of the production of partial mortgage letters on the previous letter, the amount to which the letter still relates is to be made visible. Unofficial table of contents

§ 49

Endorsements of entries subsequently made to the mortgage, and endorsements of changes to the information referred to in § 57 of the Land Code shall be sent to the letter subsequent to the last existing note or, if this is done on the letter no more space is available, placed on a special arc to be connected to the letter. Unofficial table of contents

§ 49a

If the Basic Pfandduly letter is not handed out, it is to be sent by post with delivery certificate or by registered letter. The State Justice Administrations can determine a different shipment procedure by way of business instruction or decree. Existing instructions or decrees remain unaffected. Unofficial table of contents

§ 50

The connection prescribed in § 58 (1) and § 59 (2) of the Basic Book Order as well as in § 49 of this order shall be effected by means of cord and seal. Unofficial table of contents

Section 51

The provisions of § § 47 to 50 shall apply in accordance with the basic debt and pension school letters accordingly. In the heading of a pension debits, the amount of each annual benefit shall be indicated, not the amount of the total amount of the sum. Unofficial table of contents

Section 52

(1) In the case of mortgage, basic debt and pensions letters, annexes 3 to 8 serve as samples. (2) The officially issued forms issued with serial numbers shall be used for the preparation of the mortgage, basic debt and pension debt letters. according to the instructions of the National Justice Department. Unofficial table of contents

Section 53

(1) If, under the law, a mortgage, basic debt or pension certificate is to be made unusable, the endorsement of the first registration of the right shall be passed after the land register has been recorded in the case of the law. (2) If it has been found that the letter is to be rendered unusable, and it is made clear in the basic markets that the service has been made available, then the letter shall be made with other unusable letters. To take collective files. The collection files shall be laid down for the calendar year and shall be destroyed at the end of the following calendar year. It is possible to arrange for an unusable letter to be stored in the basic markets for a certain period of time.

Section XII
The Erbbaugrundbuch

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§ 54

The above provisions must be applied in accordance with the special basic book sheet to be applied for an inheritance law (Section 14 (1) of the Inheritance Law Act), unless otherwise indicated in § § 55 to 59. Unofficial table of contents

§ 55

(1) The hereditary building general ledger shall receive the next consecutive number of the land register in which the loaded land is registered. (2) In the inscription, the word "Erbbaugrundbuch" shall be placed under the leaf number in brackets. Unofficial table of contents

§ 56

(1) In the inventory list, the space formed by columns 2 to 4 shall be entered:

a)

the term "hereditary building law" and the name of the land under load, the contents of columns 3 and 4 of the inventory of the loaded land to be taken into account in columns 3 and 4 of the Erbbaugrundbuch;

b)

the content of the inheritance law;

c)

in the immediate connection to the registration under point (b), the owner of the land under load;

d)

Changes in the endorsements referred to in points (a) to (c).

(2) In the case of the registration of the content of the inheritance law (paragraph 1 (b)), the reference to the registration permit is admissible; however, restrictions on the inheritance law are subject to conditions, limitations or restrictions of disposal (§ 5 of the (3) In column 1, the serial number of the registration is to be given. (4) In column 6, the notes on the corrections to the stock of the land under load, which are on the sheet of this To enter the property for registration (Section 6 (6) (e)). In column 5, reference should be made to the serial number under which the corrigendum is entered in columns 3 and 4. (5) By registering a change according to its content from the land register, a previous endorsement shall be made. (6) The deletion of the inheritance law is to be noted in column 8. Unofficial table of contents

Section 57

(1) The first division shall be used for the purpose of registering the inheritance. (2) In addition, the entries in the inventory and in the three departments shall be the provisions applicable to the basic documents relating to land (Sections II, III). shall apply accordingly. Unofficial table of contents

Section 58

The detailed establishment and the filling of the special basic book sheet to be applied to an inheritance law shall be obtained from the specimen enclosed in Appendix 9. Section 22, second sentence, shall apply accordingly. Unofficial table of contents

§ 59

In the case of the formation of mortgage, basic debt and pension debits, it is necessary to state that the subject-matter is subject to inheritance law. Unofficial table of contents

§ 60

The above provisions shall apply in accordance with the basic accounts to be laid down in accordance with Article 8 of the Basic Regulations, with the following measures:

a)

In the inscription, the word "inheritance law" must be put in place of the word "Erbbaugrundbuch" (§ 55 para. 2);

b)

In the registration of the content of the inheritance law, the reference to the application for registration (§ 56 para. 2) is inadmissible.

Footnote

§ 60 Inbox italic print: § 8 (formerly § 7) GBO deed. By § 35 sentence 2 V v. 15.1.1919, 72 gem. § 38, however, further decisive for inheritance rights, which already existed on the entry into force of the regulation on 22.1.1919

Section XIII
Regulations concerning the machine-guided land register

Subsection 1
The machine-guided land register

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Section 61 Principle

The provisions of this Regulation shall apply to the machinery-guided land register and the machinery-led hereditary land register, and, in the case of general ledger sheets, the basic housing accounts and the other general terms and conditions of the general ledger and the general public. Execution regulations, unless otherwise specified in the following. Unofficial table of contents

§ 62 Concept of the machine-guided basic book

(1) In the case of the machine-guided land register, the contents of the basic book sheet recorded in the data memory intended for this purpose and which are permanently unchanged in a readable form (§ 3 para. 1 sentence 1 of the basic book order) are the basic book. The determination of the data memory in accordance with the first sentence may be amended by the competent authority if it is intended to ensure or improve the preservation and retrieval of the data and the data will not be altered. This can also be made in general form and before the occurrence of a change case. (2) According to the arrangement of the regional justice administration, the basic book content can be transferred to another file format or the data collection of a basic book sheet will be decomposed and transferred into individual fragments in the data stores. The transmission of uncoded information into coded information is not permitted. Appropriate arrangements shall ensure that the information content and the reproduction capacity of the data, as well as the verifiability of the integrity and authenticity of the land register records, remain preserved even after the transfer. § 128 (3) of the Basic Regulations applies accordingly. Unofficial table of contents

Section 63 Design of the machine-guided basic book; Regulation empowerment

The content of the machine-guided basic book must be made visible on the screen and in the form of printing, in accordance with the patterns laid down by this Regulation and by the Housing Basic Book. If the land register is run as a database base book, the presentation should also be used to limit the presentation to the current basic book content; the non-affected parts of the basic book must not be represented. The State Governments are authorized to allow further forms of presentation for the display of the basic book content and for land register prints by means of a legal regulation; they can apply this authorisation by means of a legal regulation to the national justice administrations. transfer. Unofficial table of contents

Section 64 Requirements for installations and programmes

(1) Only installations and programmes which meet the existing domestic or internationally recognised technical requirements for the machine-led processing of protected data may be used for the machine-guided land register. They shall have the basic functions referred to in paragraph 2. In so far as it is not certified by a non-domestic or foreign test certificate, the existence of these conditions is to be determined in a suitable manner by the competent national justice administration. (2) The data processing system used shall ensure that:

1.

its functions can only be used when the user identifies and authenticates to the system (identification and authentication),

2.

the granted user rights are managed in the system (authorization management),

3.

the granted user rights are checked by the system (authorization check),

4.

the acceptance of changes and additions to the machine-guided basic book is recorded in the system (securing evidence),

5.

can be restored without security risks (reprocessing),

6.

any falsification of the stored data due to malfunctions of the system can be noticed in good time by appropriate technical test mechanisms (unfalsitity),

7.

the functions of the system run without error and any malfunctions that occur are reported immediately (reliability of the service),

8.

the exchange of data from or for the land register in the system and in the case of the use of public networks can be carried out safely (transmission security).

The system should, as far as possible, be able to take over basic ledger data stored in systems that support the guidance of the paper's basic book. Unofficial table of contents

Section 65 Safety of the plants and programmes

(1) The data processing system shall be set up in such a way that it is not exposed to any harmful effects on the weather, has no unauthorised access to it, and avoids any loss of data in the event of a power failure. In the procedure, it is necessary to ensure, by means of appropriate technical measures, that only the persons authorised to do so have access to the programmes and to the contents of the machine-led basic book sheets. The application of the access security and data protection procedures shall be ensured by means of instructions. (2) If the data processing system is connected to a public telecommunications network, backups must be made against the intrusion of the data Unauthorized persons or places are taken into the processing system (hacking). Unofficial table of contents

§ 66 Securing of the data

(1) The data processing system shall be set up in such a way that the entered entries are also secured if they cannot be reproduced in a readable form in the long term. (2) The basic buchamp preserves at least one Complete backup copy of all of the basic book sheets that are carried out by machine. It must be brought at least at the end of each working day to the level which the data of the machine-led basic booksheets (§ 62) have reached. (3) The copy shall be kept in such a way as to prevent damage to the machine-guided It cannot be affected and immediately made available to the general public. Moreover, Section 65 (1) shall apply mutatily.

Subsection 2
Application of the machine-led basic book

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Section 67 Definition of the legal procedures

The Land Registry shall decide, in accordance with its discretion, whether the machine-guided land register shall be applied by rewriting pursuant to Section 68, by recasting in accordance with § 69 or by means of a conversion pursuant to § 70. In accordance with the first sentence of Article 126 (1) of the Basic Regulations, the national governments or the competent national justice administrations may, in accordance with the first sentence of Article 126 (1) of the Basic Regulations, require all or part of the application of one of the above procedures. You can also meet different regulations. The endorsement provided for in the model of Appendix 2b to this Regulation in the copy of the new sheet shall be indicated by the release note, the endorsement provided for in the model of Annex 2a to this Regulation, in the wording of the depreciated sheet shall be replaced by the copy of the copy in accordance with § 71. Unofficial table of contents

Section 68 Anlaying of the machine-guided basic book by means of rewriting

(1) A basic book sheet which has hitherto been kept in paper form can also be rewritten if it is to be carried out by machine. The rewriting does not presuppose that no room for new entries in the previous basic book is available or that it has become confusing. (2) For the implementation of the rewriting pursuant to paragraph 1, § 44 (3) of the General ledgings and, moreover, the provisions of Section VI and Article 39, provided that the information to be received from the basic book to be rewritten in the data storage medium intended for the new basic book is transferred by the transfer of the Information shall be included in electronic characters. § 32 (1) sentence 2 and 3 and § 33 shall not apply. (3) (omitted) Unofficial table of contents

Section 69 Anlaying of the machine-led basic book by recasting

(1) The machine-guided land register may be created by recasting. For the recast version, § 68 applies, unless something different is determined in this case. (2) The new basic book page does not receive a new number. In the inventory directory, only the current stock, where appropriate, is to be presented in the individual departments only the current status of the registered legal relationships. To the extent that the stresses of the land are registered in a single division, they shall be presented separately in a second and third division, to the extent that they are not necessary. § 39 shall not apply. Changes in the current numbers of entries in the inventory and in the first division shall be notified to the cadastral authority. In the case of land covered by the recast in the planning area of a soil ordering procedure, modifications to the serial numbers of entries, including those in the second and third departments, shall be notified to the competent authority on the ground. (3) Column 6 of the inventory list is the words "In the case of recast of the Division O/of the inventor's inventory, entered as inventory on ..." and in column 4 of the first division of the note " When the division is recast without change of ownership on ... " shall be entered. If a new department is re-enacted, the new sheet shall include the words "In the case of the recast of the department, shall be registered at ..." shall be entered. In the cases of the first and second sentences, the corresponding part of the previous basic book shall be replaced by a note "Re-conceived at ..." complete. The pages or arcs intended for entries in the new departments are clearly visible to be marked as closed. The remaining part of the basic book is to be taken over in accordance with § 68 or § 70. § 30 (1) (h) No 1 shall not apply. (4) The implementation of the recast in detail shall be obtained from the samples enclosed in annexes 10a and 10b. The proclaims contained therein are not part of this Regulation. Unofficial table of contents

Section 70 Anlaying of the machine-led basic book by means of conversion

(1) The application of a machine-led basic book may also be carried out by means of a changeover. For this purpose, the content of the previous sheet is to be recorded electronically in the data memory intended for the machine-guided base register. The changeover can also take place in that a data memory with the basic bus content is determined for the data memory of the machine-guided basic book (Section 62 (1)). The storage of the signature of signatures is not necessary. (2) § 108 (2) sentence 1, paragraph 4, subsection 5 sentence 1, para. 7 and § 36 letter b apply accordingly. The closed land register must be clearly identified as being closed. All the basic booklets of a land register or a land registry can be closed by a common closing note if the sheets of each strip are connected in an abusive manner. The endorsement or a copy of the closing note shall in this case be affixed to the front side of each strip or to a similar position. The closure must not be made in a direct time-related relationship with the release; in this case the Land Registry shall ensure that no entries are made in the previous basic book and in the granting of inspection and inspection. the issue of copies from the previous journal shall be referred to the closure in an appropriate manner. Unofficial table of contents

Section 71 Release of the machine-led basic book

The machine-guided land register, which is applied in accordance with § § 68 to 70, shall replace the previous basic book with its release. The release takes place if the completeness and correctness of the applied machine-guided basic book and its retrievability are secured from the data storage. In the reproduction of the basic book on the screen or in the case of printing out, the label shall appear in the inscription instead of the endorsement provided for in Appendix 2 to the release note. The release note is:

1.

in the cases of § § 69 and 70: " This sheet has been re-enacted/re-fraised for the continuation of the EDP, and has thereby replaced the previous sheet. The redness contained in the leaf is visible in black. Released on/to ...

Name (s) ",

2.

in the cases of § 68: " This sheet has been rewritten to EDP and entered the place of the sheet (more detailed name). The redness contained in the leaf is visible in black. Released on/to ...

Name (s) ".

The copy of the previous sheet shall, instead of the endorsement provided for in Annex 2a to this Regulation, be replaced by the following endorsement:

1.

In the cases of § § 69 and 70: " To continue on EDP rearranged/rearranged and closed on/to ...

Signature (s) ",

2.

in the cases of § 68: " To continue on EDP on the sheet ... rewritten and closed on/to the ...

Signature (s) ".

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Section 71a Anlaying of the database base

(1) The application of the database base shall be recast. § § 69 and 71 shall apply mutatily, unless otherwise specified in the following. (2) In the case of the application of the basic database, § 69 (2) sentence 2 shall apply with the following measures:

1.

The text and form of the entries shall be adapted to the requirements applicable to entries in the database land register;

2.

changes in the actual description of the land notified by the body responsible for the management of the Liegenschaftskatasters shall be taken over;

3.

in the case of entries in the second and third sections of the basic book, the information on the land and other subject-matter concerned shall be updated, and shall be updated on the rights of the owner of a land plot. In addition, the information on the property in question and, in accordance with § 9 of the basic book order, the information on the loaded property shall be updated;

4.

the reference to the application or other documents may be supplemented by the information provided for in the second sentence of section 44 (2) of the basic book order;

5.

Monetary amounts in the rights and other notes referred to in a former currency of a State participating in the single European currency shall be converted to euro;

6.

the rights resulting from the division of fundamental rights are to be transferred separately to the main column of the third division; for the numbering of the rights, § 17 (4) shall apply accordingly.

If the recast relates to a basic right of care for which a letter has been issued, it does not require the letter of the letter; the recast shall not be noted in the letter unless the endorsement is expressly requested. (3) § § 29 and 69 (4) are (4) The release note shall read as follows: " This sheet has been recast as a database for the continuation of the database and has been replaced by the previous sheet. Released am/zum ... ". The following note shall be affixed in the copy of the previous sheet: "To be continued as a database land register and closed on/to ...". The note is to be added to the name of the person who has been prompted. If only individual parts of the base book are recast, this is to be noted with the entries concerned. Unofficial table of contents

Section 72 Rewriting, recasting and closure of the machine-led basic book

(1) The provisions of Sections VI and VII as well as Article 39 shall apply mutatically to the rewriting, recasting and closing of the machine-led basic book, unless otherwise specified in this Section. Instead of § 39, the wording of § 69 (2) sentences 5 and 6 applies. (2) The contents of the closed machine-guided basic booklets shall remain capable of being reproduced or readable. (3) If the land register is to be used as a database base book , is

1.

§ 33 shall not apply;

2.

in the case of the closure of the land register (§ 36) in column 8 of the inventory list, to include a reference to the new booking office of the land concerned by the closure, unless a notice of repayment in accordance with section 13 (3) of the inventory has not already been entered into 1.

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§ 73 Grundakten

Even after the application of the machine-led basic book, the basic markets are to be carried out in accordance with § 24 (1) to (3). The previously guided hand-sheet can be singled out and also destroyed; this is to be noted in the basic markets. If the previously held hand sheet is kept in the basic markets, Section 32 (1) sentence 3 of the second sentence shall apply accordingly.

Subsection 3
Entry into the machine-guided land register

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Section 74 Registration of registration

(1) The registration in the machine-guided land register shall, subject to the cases of § 127 (1) sentence 1 (1) of the basic book order as well as the § 76a (1) (3) and (2) of this Regulation and § 14 (4) of the inheritance law, by the person responsible for the management of the machine-led basic book. In this case, a special offer is not required. In accordance with § 126 of the Basic Regulations of the Federal Republic of Germany or by separate decree-law, the Land Government or the provincial government authority authorised by it can determine that the registration of the The person responsible for the management of the general ledger shall be made available to the person responsible for the conduct of the general ledger. (2) The person responsible shall check the registration for the correctness and completeness of the registration; the inclusion in the data storage unit (§ 62 (1) shall be verified. Unofficial table of contents

§ 75 Electronic signature

In the case of the machine-guided land register, registration shall only be possible if the person responsible for the management of the land register or, in the cases of § 74 (1) sentence 3, the official documents of the office of registration, the person responsible for the registration of the basic book or his/her Add surnames and sign both electronically. The electronic signature is to be produced in a text-dependent and sub-character-dependent manner in an automated cryptographic method which is generally recognized as safe. The signed registration and the electronic signature will form part of the machine-led basic book. The electronic signature should be able to be checked by the competent authority. Unofficial table of contents

Section 76 Outer form of registration

The external form of the reproduction of an entry shall be determined in accordance with Section III. § 63 sentence 3 shall remain unaffected. Unofficial table of contents

Section 76a entries in the database land register; Regulation empowerment

(1) If the land register is kept as a database, the following special features apply to entries in the land register:

1.

where a plot of land is written off in whole or in part, in column 8 of the inventory list, in addition to the number of the receiving land register, the serial number of the property in the existing inventory shall also be indicated; in column 6 the inventory of the receiving basic book shall be indicated to the previous accounting office in the appropriate application of the first sentence;

2.

the serial number under which a plot of land is entered in the inventory shall be updated in column 2 of the second and third departments concerning this property; the current number shall be red; , where registration is concerned only with a part of the land or the share of a co-owner, in relation to the information on the subject-matter concerned, including in other columns of the second and third departments, the information shall be given in accordance with shall be carried out; the updating and the redness shall be automated; the However, this shall be without prejudice to the responsibility of the person responsible for the management of the Fundamental Book

3.

the deletion of a right shall not be replaced by the fact that the right to transfer a land or a part of the land is not transferred to another land-based sheet.

(2) The State Governments are empowered to determine by means of a decree law that in accordance with § 48 of the Land Regulations on the Existence and the Erasing of a Co-Load may be applied in an automated manner. The arrangements can be limited to individual land register offices. The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation. An automated endorsement referred to in the first sentence shall be deemed to have been affixed by the Land Registry, which has completed the registration on which the endorsement is based.

Subsection 4
Inspection of the machine-guided land register and copies thereof

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§ 77 Principle

For the purpose of inspection of the machine-guided land register and the issuing of copies hereof, the provisions of Section X shall apply mutatically to the extent to which nothing deviating from the following shall be determined. Unofficial table of contents

§ 78 printouts from the machine-led land register

(1) The printout of the machine-guided land register shall be accompanied by the inscription "Expression" and the reference to the date of the retrieval of the basic ledger data. The expression may also be transmitted electronically to the applicant. (2) The printout shall be deemed to be a certified copy if it is sealed and the marking "official expression" and the words "certified" bear the name of the person who: the expression or the proper printing-technical production of the expression has to be monitored in general. In place of the seal, an impression of the seal may be printed or printed in the form of the form; in both cases, the term "Official expression" and the words "This expression shall not be signed and shall apply". shall be printed as a certified copy. The second sentence of paragraph 1 shall not apply. (3) On the expression or the official expression it may be indicated which registration level it reproduces. Unofficial table of contents

§ 79 Einsicht

(1) The inspection shall be carried out by reproducing the relevant basic book on a screen. The person receiving the view may be allowed to appear on the screen on the screen if it is technically guaranteed that the extent of the person referred to in Article 12 or Section 12b of the basic book order or the provisions of this Regulation shall be subject to the following conditions: (2) In place of the reproduction on a screen, the inspection may also be granted in an expression. (3) The insight referred to in paragraph 1 shall be granted. or 2 may also be granted and granted by a person other than the Land Registry, which shall: Basic book page. The staff responsible for this task shall be determined in particular. They may only have access to the machine-led basic booklets of the other Land Registry if they use an identifier assigned to them by the management of the Local Court. This form of inspection is also permitted across the borders of the country concerned, if the State Justice Administrations agree to this. (4) The granting of the inspection includes the issuing of copies.

Subsection 5
Automated retrieval of data

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§ 80 retrieval of data

(1) The granting of the retrieval of data in the automated procedure according to § 133 of the Land Registry shall be entitled, in particular, to include in the land register in the scope determined by sections 12 and 12b of the Basic Book Order and in this Regulation as well as for the production of printing of the basic book. If the retrieval authorization is granted to a non-public body, it must be pointed out in the approval or the contract (§ 133 of the basic book order) that it is only for the purpose of obtaining the retrieved data pursuant to § 133 (6) of the Basic Book Order. for which they have been transmitted. (2) The land register data may also be made available for presentation forms which deviate from the patterns prescribed by this Regulation and in the Housing Basic Book, or in structured machine-readable form. In particular, excerpts, highlights of parts of the basic book content as well as combinations of different basic bushings are permissible. The retrieval procedure may also provide information on the date of the most recent entry in a basic book. Unofficial table of contents

§ 81 Approval procedure, furnishing contract

(1) The establishment of an automated retrieval procedure shall be subject to an administrative arrangement in the courts, authorities and the State Bank of Berlin, and otherwise, unless a public service contract is concluded, an authorisation by the (2) A permit is only granted on request. The competent authority is the authority in whose district the basic office concerned is situated. In the legal regulation according to § 93, jurisdiction may be regulated by way of derogation. In addition, the administrative procedure and the law governing the administration of the country concerned shall apply to the procedure. (3) The authorisation may also be granted for the land register offices of the country at the request of the relevant application, in the case of: which are the legal requirements for doing so. In any case, the approval shall be subject to the conditions laid down in § 133 (2) sentence 2 and 3 (1) and (2) of the basic book order. (4) The revocation of a permit shall be effected by the approver. Where there is a risk of a risk to land registers, in the cases referred to in the first sentence of paragraph 3, the authorisation for individual land register offices may also be suspended by the competent authority for each of the land registers. The revocation and suspension of a permit shall be notified without delay to the other Land Justice Administrations. Unofficial table of contents

Section 82 Establiing procedures

(1) If a retrieval procedure is set up, it is technically necessary to ensure that calls can only be made by using a suitable code. The authorized body must be required in the permit to ensure that the code mark is used only by its management and authorised employees and that it is kept safe against misuse. The approval authority may order appropriate measures if it appears necessary in order to prevent unauthorised access to the land register data. (2) If a retrieval procedure is used for the case of own authorization on a property, a the same right or a right of such right, in case of the consent of the owner or for the enforcement of enforcement measures (restricted retrieval procedure), the authorized body shall be subject to the authorisation in addition to the obligation to ensure that the individual retrieval is carried out using only one The code character may be the type of the call. The additional code character can be connected to the fetch authority code character. Unofficial table of contents

§ 83 Release logging

(1) The legality of the calls by individual persons entitled to the call shall only examine the basic buchamp if it has reason to do so in accordance with the specific circumstances. For the control of the lawfulness of the calls, for ensuring proper data processing and for the collection of costs by the judicial administration, the basic buchamp logs all the calls. The Land Registry shall keep the records available for sampling procedures by the supervisory authorities. The protocol must in each case be the land registry, the name of the basic book, the person or body which is to be called up, its business or reference number, the date of the call, the data used for the execution of the call, and the (2) The logged data may only be used for the purposes set out in the second sentence of paragraph 1. In addition, the owner of the land concerned or of the holder of the same right may, on the basis of the protocol data, request information on who has obtained data; in the case of limited retrieval, the nature of the data being obtained Retrieval. The retrieval by a law enforcement authority shall not be communicated in the context of such information if:

1.

the retrieval at the time of the exchange of information is less than six months, and

2.

the law enforcement authority declares that the announcement of the call would jeopardize the success of criminal investigations; the Land Justice Administrations can determine that the declaration is to be made through the use of a code mark.

By issuing a new declaration pursuant to sentence 3, point 2, the blocking period shall be extended by six months; a repeated extension of the time limit shall be permitted. If a call has not been notified to the property owner or to the holder of the same right under the provisions of sentences 3 and 4, and if the call for access is announced on the expiry of the blocking period on the basis of a new request for information, the Reasons for the different information should be provided. The data logged shall be protected by appropriate precautions against non-use and other misuse. (3) After the end of the second calendar year following the preparation of the Protocols, the data referred to in the second sentence of paragraph 1 shall be: The protocols are destroyed. The log data referred to in the third sentence of paragraph 2 shall be submitted for information to the property owner or to the holder of the same right for a period of two years from the end of the period in which the notification may not be made. , after which they are deleted. Protocols which have been made available to the supervisory authorities during a sampling procedure shall be destroyed there no later than one year after their receipt, unless they are required for any further tests already initiated . Unofficial table of contents

§ 84 Control

The authorized person or body which is not subject to general supervision or who is entitled to the restricted retrieval procedure must declare in writing a check of the plant and its use by the approver. To tolerate it, even if it does not have a specific reason for it. Section 133 (5) of the Basic Book Order remains unaffected. Unofficial table of contents

§ 85 Granting of basic book prints by notaries

The basic book printed by the notary (§ 133a (1) sentence 2 of the basic book order) is to be provided with the inscription "Abdruck" and the reference to the date of the retrieval of the land register data. The imprint shall be equal to an official expression if it bears the marking "certified expression", contains a certificate signed by the notary, and is marked with the official seal of the notary. The expression referred to in the first sentence may also be transmitted electronically to the applicant. Unofficial table of contents

Section 85a Logging of the notice of the basic book content by the notary

(1) The Protocol, which is to be carried out by the notary pursuant to Section 133a (3), first sentence, of the Basic Book Order on the notification of the basic book content shall contain:

1.

the date of notification;

2.

the name of the basic book,

3.

the name of the person who has been informed of the basic holding and, where appropriate, the name of the person or body represented by that person; and

4.

the indication as to whether a land-book print has been issued.

(2) The Protocol may only be used for the purpose of verifying the legality of the notification and informing the owner of the land or the holder of the same right as provided for in Article 133a (3), second sentence, of the basic book order. The second sentence of Article 83 (2) and the third paragraph shall apply accordingly.

Subsection 6
Cooperation with the cadastral bodies and utilities

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Section 86 Cooperation with the cadastral bodies

(1) To the extent that the official list (§ 2 para. 2 of the Land Registry) is carried out by machine and by means of a legal regulation pursuant to § 127 (1), first sentence, point 1 of the basic book order, nothing else is determined, the basic office can be the one from the official register. (2) As far as the land register is carried out by machine, the data required for the management of the land register may be obtained from the register of property registers. official list of competent authorities responsible for the management of the automated (3) The requirement referred to in paragraphs 1 and 2 shall not require any special authorization or agreement. At the request of the land certification authority, the transfer office, the soil management authority, the body responsible pursuant to Article 53 (3) and (4) of the Agricultural Adjustment Act, or the Office or State Office for the regulation of open property matters the Land Registry shall transmit to those authorities the data required for the implementation of a ground-planning procedure from the land register of land plots, inheritance rights and rights of use in the planning area. In the case of a continuation of the plans by these authorities, paragraph 1 and the first sentence shall apply. (4) The transmission of the data may also be carried out in the cases of the preceding paragraphs in the automated procedure. Unofficial table of contents

Section 86a Cooperation with utilities

(1) Companies operating installations for the transmission of electricity, gas, district heating, water or waste water or telecommunications equipment (supply undertakings) may, in general form, access to the land register also for all plots of land (2) Insofar as the basic booklets in which a utility company is authorised pursuant to the authorization referred to in paragraph 1, the basic ledchamp. (2). may be carried out by machine, the company may provide the information required from the land register. The transmission can also be carried out in the automated process. The details of this procedure shall be determined by the body determined in Article 81 (2).

Subsection 7
Mortgage, basic debt and pension school letters

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Section 87 Granting of letters

Mortgage, basic debt and pension certificates for rights, which are registered in the machine-led land register, are to be manufactured with the help of a machine procedure; a post-processing of the letters to the letter from the land register to , the data shall be authorised. The person who initiated the production shall verify the accuracy and completeness of the text of the endorsement to be provided on the letter. By way of derogation from § 56 (1) sentence 2 of the basic book order, the letter is not to be signed or marked with a seal or stamp. He shall bear the name of the person who caused the production, and the words "Machine-made and without signature valid" instead of the signature. The letter must be or be provided with the imprint of the seal or stamp of the base butt. § 50 shall not apply; the togetherness of the sheets of the letter or letters shall be made visible in a suitable manner. Unofficial table of contents

Section 88 Procedure for school durals

By way of derogation from § 58 and section 61 (2) sentence 3 of the basic book order, a letter does not have to be connected to a document issued for the claim, copy or an extract of the document if it is manufactured by machine. In this case, it must include the imprint "Not valid without presentation of the document for the claim". Unofficial table of contents

Section 89 Additions to the letter

In the case of a machine-produced letter for a right registered in the machine-guided land register, the supplements provided for in § § 48 and 49 may also be made in such a way that a corresponding additional new letter is issued. This shall also apply if the letter to be supplementary has not been produced in accordance with the provisions of this Section. The previous letter is to be drawn in and made unusable. If a document is attached to the letter, it must be resolved and returned to the applicant.

Subsection 8
Final provisions

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§ 90 Data processing on behalf of the

The provisions of this Regulation shall apply mutatis mutinly to the processing of land register data by another authority on behalf of the Land Registry. In this connection, it is to be ensured that the registration in the machine-guided land register and the information is provided only if it has been provided by the competent Land Registry pursuant to Section 133 of the Basic Book Order and the subsections 5 and 6 is admissible. Unofficial table of contents

Section 91 Treatment of referrals, deletions

Special regulations in § § 54 to 60 of this Regulation, in the Housing land register and in the building land register are also subject to the general regulations, if the § § 1 to 53 is referred to in § § 61 to 89. To the extent that, in accordance with the provisions referred to in the first sentence, underscores, cross-crossings or similar markings are to be made in red, they may be shown in black in the machine-guided land register. Unofficial table of contents

Section 92 Replacement of basic ledger data, replacement land register

(1) If the machine-guided land register can no longer be reproduced in a legible form in whole or in part, it shall be re-established. Its content can be determined with the help of all appropriate documents. In addition, the Regulation on the restoration of destroyed or lost basic books and documents in the respective version in force applies to the procedure. (2) For the application and guidance of the replacement basic book (§ 148 (2) sentence 1 of the The provisions of this Regulation, the Housing Basic Accounting and the provisions referred to in Article 150 (1) (4) of the Basic Regulations apply in accordance with the provisions of the Basic Book Order. The replacement land register corresponds to the model of Appendix 2b to this Regulation, but the note to be added in the inscription is " This sheet is to replace the machine-guided sheet of ... Band ... Leaf ... kicked. Registered on ... ". This applies in accordance with the basic books of hereditary building, residential and partial property books as well as building land books accordingly. Unofficial table of contents

Section 92a Change of competence

(1) If the responsibility for the management of a basic book is transferred to another land registry of the same country, the data subject shall not be closed but shall be allocated in the data processing system to the accepting base office if the the technical requirements for taking over the data are met. The assignment in the system requires confirmation by the donating and the receiving land registry. (2) The responsibility for the management of a basic book is transferred to a land registry of another country and the technical requirements are for the transfer of the data into the data processing system there, the basic accounting data shall be transmitted to the acquiring land registry in electronic form after the country's administration of justice has been arranged. (3) In the cases referred to in paragraphs 1 and 2, the data shall be transmitted to the data processing system. Articles 26 (3), 4, 6 and 7 shall apply mutatily. If the technical conditions for taking over the data are not met, the change of competence shall be carried out in accordance with the provisions of Section V of this Regulation in accordance with the provisions of this Regulation. Unofficial table of contents

Section 93 Implementing Regulations; Regulation empowerment

The state governments are authorized to do so by means of a legal regulation

1.

no further details of the procedure laid down in this section shall be laid down in the basic or in this Regulation, and

2.

to transfer all or part of the machinery-led basic book, including its release, to the Office of the Office of the Office of the Office of the Office.

The national governments can transfer the appropriations by means of a legal regulation to the Land Justice Administrations. The authorisation referred to in paragraph 2 of the first sentence shall not apply to the release of a database basic book.

Section XIV
Endorsements on public burdens

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Section 93a Registration of public burdens

Public burdens on a property to be entered or registered in the land register shall be entered in the second department in accordance with § 10. Unofficial table of contents

Section 93b Registration of the ground protection system

(1) The compensatory amount according to § 25 of the Federal Soil Protection Act is referred to by a note on the soil protection load. The soil protection note shall be as follows:
" Floor protection load. A compensation amount according to § 25 of the Federal Soil Protection Act rests on the property as a public burden. " (2) The soil protection notice shall be entered and deleted at the request of the authority responsible for setting the compensation amount. The competent authority shall make the request for the registration of the soil protection burden as soon as the compensatory amount has been incurred as a public load. It shall request the deletion of the endorsement as soon as the load has been extinguishing. Compliance with the dates specified in sentences 2 and 3 shall not be checked by the Land Registry Office. A consent of the owner of the property is not required for the registration and deletion of the endorsement.

Section XV
Rules on electronic legal services and electronic basic rights

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Section 94

(Entry into force, external force of national law) Unofficial table of contents

§ 94 Principle

The provisions of this Regulation relating to the basic markets shall also apply to the electronic basic markets, unless otherwise specified below. Unofficial table of contents

§ 95 General technical and organisational measures

For the determination of the data storage for the electronic basic markets, the requirements for technical installations and programs, the securing of the systems, programs and data as well as the data processing on the order apply § 62 paragraph 1 sentence 2 and 3, § 64 Paragraph 1 and 2, first sentence, as well as Articles 65, 66 and 90, mutatily. Unofficial table of contents

§ 96 Anlaying and guidance of the electronic base

(1) The basic rights may be carried out in full or in part electronically. In the case of partial electronic guidance, there are indications of the other part of the two parts of the basic document. (2) The electronic document shall include a protocol on the basis of the basic principles,

1.

the result of the integrity check of the document,

2.

who has the signature verification as the owner of the signature,

3.

the date of the signature verification for the affixing of the signature,

4.

which certificates with which data are used for this signature; and

5.

when the findings referred to in points 1 to 4 have been made.

This shall not apply to electronic documents of the Land Registry. (3) The Land Registry shall, subject to the provisions of the third sentence, take a decision as to whether and to what extent the content of the basic paper in paper form is to be found in electronic documents and, in this form, it is taken to the basic roof. The same shall apply to documents submitted in paper form after the application of the electronic basic documents. In accordance with § 101, the national governments or the Landesjustizadministrations authorised by these authorities may, in accordance with § 101, require all or part of the relevant procedures. (4) By way of derogation from § 24 (1) to (3), electronic Documents which are to be kept by the Land Registry pursuant to § 10 of the Basic Book Order shall be stored in such a way that they can be viewed via the basic markets of all the basic book sheets involved. Sentence 1 shall not apply to documents which have already been taken in paper form to the basic markets. Unofficial table of contents

Section 97 Transfer of paper documents to the electronic form

(1) Where a document in paper form is transferred to an electronic document and in that form is transferred to the basic documents instead of the document, appropriate arrangements shall be made, subject to the provisions of paragraph 2, to ensure that: the reproduction on the screen with the document corresponds in terms of content and figurative. In the case of the electronic document, it should be noted when and by whom the transfer was made; the official is the official of the office. (2) In the case of the transfer of a document submitted in paper form, to which a current document is submitted. In the case of the electronic document, the official of the office must note that the reproduction on the screen matches the content of the document in terms of content and images, and the document has to be recorded. Submissions, changes, ratings, etchings or other defects of the record shall be indicated in the note. The electronic document shall be provided by the official of the office with his name and a qualified electronic signature in accordance with the Signature Act. A note may be left to the extent that the facts referred to in sentence 2 are clearly visible from the electronic document. Unofficial table of contents

§ 98 Transfer of electronic documents to the paper form or to other file formats

(1) Where an electronic document is transferred into the paper form for the purpose of taking over the document, appropriate arrangements shall be made to ensure that the content of the document and the reproduction of the electronic document on the basis of the content of the document shall be made available on the Screen is the same. In the case of the expression, the statements referred to in the first sentence of Article 96 (2) shall be noted. (2) Where an electronic document is transferred to a different format for the preservation of legibility, appropriate arrangements shall be made to ensure that the document Playback of the target file on the screen in terms of content and images matches the playback of the output file. Protocols in accordance with § 96 (2), endorsements pursuant to § 97 as well as entrance notices pursuant to § 136 (1) and (2) of the Basic Book Order are also to be obtained in a legible form; for them, sentence 1 shall apply accordingly, with the proviso that the substantive agreement shall be (3) In the event of a complaint, the Land Registry of the documents stored in the electronic basic documents shall produce printouts in accordance with paragraph 1 for the appeal court, in so far as this is necessary for the application of the appeal procedure is necessary. The printouts shall be kept at least until the final conclusion of the appeal proceedings has been completed. Unofficial table of contents

Section 99 File expression, access to files and data retrieval

(1) § 78 (1) and (2) shall apply mutas to the issue of printing out of the electronic base material. The corresponding protocols according to § 96 (2) and the notes pursuant to § 97 are also to be included in the official expression. (2) For the purpose of viewing the electronic basic markets, § 79 applies accordingly. (3) For the retrieval of data from the electronic basic parked § § 80 to 84 shall apply in the automated procedure in accordance with § 139 (3) of the Basic Book Order. Unofficial table of contents

§ 100 Recovery of basic content

If the content of the electronic basic rights can no longer be reproduced in legible form in whole or in part, it shall be restored. § 92 (1) sentences 2 and 3 shall apply accordingly for the recovery. Unofficial table of contents

§ 100a Competence change

(1) The provision of electronic files to another Land Registry shall apply in accordance with Section 92a. (2) The responsibility for the management of the general ledger of one of several plots of land registered on a Community sheet shall be deemed to be the responsibility of the general ledger. The basic part of the property is transferred to another land registry, and the contents of the files relating to the plot to be signed are to be transmitted in electronic form to the other land registry. Unofficial table of contents

Section 101 Implementing Regulations

The State Governments shall be empowered to regulate in the land register, or in this Regulation, non-regulated further details of the procedures provided for in this Section by means of a regulation. You can transfer this authorisation to the State Justice Administrations by means of a legal regulation.

Section XVI
Transitional and final provisions

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Section 102

To the extent that the basic books have so far been established for districts other than those referred to in the first and second sentences of Article 1 (1) and (2), it shall remain with this institution until these districts have been dissolved; however, in order to modify these districts, it shall be necessary to arrange an order for the National justice administration. Unofficial table of contents

Section 103

To the extent that each basic book has so far been conducted in a special basic book, the summary shall not be required for fixed volumes (§ 2) containing several sheets, as long as the previous sheets are continued (§ § 104 to 106). Unofficial table of contents

Section 104

(1) From the date of entry into force of this provision, new basic book sheets shall be applied only using the form prescribed here (§ § 4 to 12, 22), unless the re-use of the old form for a transitional period is not necessary. (2) All basic book sheets must be rewritten according to the approximate arrangement of the Land Justice Administration using the new form, unless the continuation of the form is particularly permitted. Unofficial table of contents

Section 105

The existing provisions concerning the number designation and the registration in the land register shall remain unaffected, as long as the old forms are neither rewritten nor are their continuation in accordance with Section 104 (2) particularly permitted. However, a basic book sheet, which does not provide any room for new entry, is to be rewritten in any case using the new form. Unofficial table of contents

Section 106

§ § 29, 30 shall apply in the case of the rewriting of the basic sheets already applied to the new form. Further arrangements for eliminating any doubts that arise in this case remain reserved. Unofficial table of contents

Section 107

(1) The basic markets for each basic book sheet can be continued. (2) If basic markets have not been conducted up to now, they are for each basic book sheet at the latest during the new application (§ 104 (1)) or in the case of the rewriting of the basic book. (§ 104 (2), § 105, sentence 2) shall be applied from all documents relating to the basic book, which are in accordance with the general provisions applicable to the management of basic markets, even if they already exist: Prior to the application of the basic markets at the land registry office. The same shall apply to the handsheet (Section 24 (4)). Unofficial table of contents

Section 108

(1) Basic book sheets in fixed volumes can be converted to volumes with removable inserts after a closer arrangement of the Land Justice Department by the use of clearings of the previous sheets. (2) The new sheet retains its The term used to date has not been added. It should be noted in the inscription that the sheet has been replaced by the previous sheet during the changeover and that in the previous sheet-containing redness there are black visible. (3) The correspondence of the contents of the new sheet with the previous sheet is to be certified in the inventory directory and in each department. Section 25 (2) (c) applies accordingly. (4) If the second or third department contains only deleted entries, it may be waited from the obligation of the department concerned, if not the acquisition for the understanding of still valid entries is required. The numbers of the entries which have not been accepted are to be indicated on the entries to be inserted for the department concerned, with the words "Deleted". In this case, the certificate referred to in paragraph 3 shall read as follows: 'In the case of the conversion of the sheet'. If the second or third department does not contain any entries, only a new one needs to be inserted for the department concerned; paragraph 3 must be applied. (5) The previous sheet must be closed. § 30 para. 2 sentence 2 and § 36 apply accordingly. (6) For basic book sheets in a fixed volume that were closed prior to the changeover, new sheets can be inserted into the tape with removable inserts for reuse. The new sheet shall be replaced by the number of the old leaf with the addition of the letter A. If the new sheet enters the place of a sheet which is already accompanied by such an addition, it shall be added to the letter B instead of this addition. (7) The conversion shall not be communicated to the owner, the registered owner, and the cadastral authority. Unofficial table of contents

§ 109

The pre-printed forms for mortgage, basic debt and pension debt letters can be used further after a closer arrangement of the Land Justice Department or the body designated by it. However, the indication of the country in which the letter is issued at the head of the letter is to be crossed out and by the heading "German Mortgage Letter" ("Grundschuldbrief" or "Grundschuldbrief" or "Grundschuldbrief"). .). Unofficial table of contents

§ 110

In the cases of § 143 of the Land Code, the national regulations on the establishment and management of basic books shall be reserved for the purposes of the law. Unofficial table of contents

Section 111

In so far as the rights referred to in Articles 63 and 68 of the Introductory Act to the Civil Code have been declared in accordance with the laws of the State, § § 14 to 17 of the Law on inheritance law have been declared to be applicable accordingly (Section 144 (3) of the Law on inheritance law). The rules on the hereditary land register (Section XII) shall apply mutas to the rules of the basic book. Unofficial table of contents

Section 112

In order to prove the rights of foreign public or public authorities, a confirmation by the Federal Foreign Office, which is provided with the official seal or official stamp, is sufficient for the basic office. § 39 of the Basic Book Order does not apply in this case. Unofficial table of contents

Section 113

(1) In the area referred to in Article 3 of the agreement, this Regulation shall apply with the following measures:

1.

§ § 43 to 53 are always to be applied.

2.

The establishment of the basic registers shall be subject to subsequent provisions adopted on the day before the date of entry into force of accession or adopted by the country in question. Moreover, for the purposes of the management of the basic books, this Regulation should be applied mutagenly, in so far as it does not result from a divergent establishment of the basic book or, for specific reasons, it is necessary to apply derogations; such Deviations are to be considered as necessary in particular, if otherwise the legal conditions cannot be displayed correctly or confusion is to be provided.

3.

Where this Regulation cannot be used in accordance with the provisions of point 2, the subsequent provisions adopted on the day before the date of entry into force of accession or adopted by the country concerned shall instead be applied. However, regulations which are not compatible with the federal law which are in force are no longer applicable. This applies in particular to such rules as to the conditions and the content of entries. Rights or endorsements not provided for on the day before the date of entry into effect shall be entered in the appropriate application of this Regulation.

4.

In the case of point 3, § § 56, 57 and 59 must be applied to the establishment and management of the basic hereditary building books and to the formation of mortgage, basic debt and retirement debt securities in the case of hereditary building rights, with the proviso that the provisions of § 56 shall be entered in the appropriate columns for the stock. If an inscription with a leaf number does not exist, the term "Erbbaugrundbuch", which is provided for in Article 55 (2), must be affixed at a comparable point in the head of the first page of the basic book. Where reference is made in the provisions referred to above to other provisions of this Regulation, the provisions of which are not to be applied, the provisions of this Regulation referred to in this Regulation shall be replaced by the relevant provisions of this Regulation. Regulations governing the establishment and management of the basic books.

5.

For the purposes of laying down basic bushings for former fully-owned land, a procedure is not required under the sixth section of the land register, insofar as for such land stock sheets within the meaning of point 160 (1) of the instruction No. 4/87 of the Minister of the Interior and Chefs of the German People's Police on the land register and the general ledger procedure under Colido conditions-Colido-basic instruction-of the 27. The property has already been booked in October 1987 and has not changed its name following the closure of the land register.

6.

In relation to the Land Registry, it is sufficient to demonstrate the power to dispose of limited rights in respect of a property, buildings or other rights of land or on the basis of which the registration is requested prior to 1 July 1990. and, as the creditor or other person concerned, in the land register

a)

a savings bank or a people's property in a savings bank's legal entity,

b)

another credit institution, a public property in a legal entity of a credit institution, an insurance company or a liberal trade union,

c)

Public property in legal support of the national budget or of a central organ of the German Democratic Republic, the Magistrats of Berlin, the Council of a district, county or city district, the council of a city or other administrative bodies or public bodies,

d)

a legal person under public law or a special fund of such a person, with the exception, however, of the Reichseisenbahnassets and the special assets of Deutsche Post,

is registered if the basic accounting declarations are made by the office of approval; § 27 of the basic book order remains unaffected. In the cases referred to in point (a) of sentence 1, the unit of approval shall be the savings bank in whose territory the property, buildings or other property rights are equal, and in Berlin the Landesbank, and in the other cases of the first sentence, each office of the Federal Government or of a federal body or institution of public law. For deletion

a)

Note on the debt relief of small and medium-sized farmers when they enter agricultural production cooperatives on the basis of the Law of 17 February 1954 (GBl. 23 p. 224),

b)

-restrictions on the use of legal persons under public law, their authorities or legal entities, and

c)

of apron and degrading rights

Sentence 1 shall apply accordingly; in the cases referred to in point (a), the granting authority shall be the State Bank of Berlin and, moreover, each official office of the Federal Government. The authorities may authorise the issuing of declarations pursuant to the first sentence of the first sentence by the Land Registry to be made available to them by the Land Registry. In the cases mentioned above, § 39 of the Basic Book Order shall not apply. It is not necessary to submit a mortgage, basic debt or pension debt letter; this also applies to the registration of a reservation of consent in accordance with § 11c of the Property Law. In the cases referred to in sentence 1 (c) and (d), the Confederation or the authority empowered by it shall issue the authorization in consultation with the supreme financial authority in the country where the property, buildings or other provisions of the same law are covered by the law. ; this is not to be considered by the Land Registry.

(2) A general ledger as referred to in paragraph 1 (5) shall be considered as a land register within the meaning of the general ledger order before the entry into force of this Regulation without a procedure in accordance with the Sixth Section of the Basic Book Order or the provisions of Sections 7 to 17 before the entry into force of this Regulation. the Regulation on the implementation of the land register in its revised version of 8 August 1935 (RGBl.), published in the Federal Law Gazette III, section 315 -11-2, published in the German Federal Legislative Decree No 315 -11-2. 1089), which is defined by Article 4 (1) (1) of the Law of 20 December 1993 (BGBl). (3) In the case of entries which have been or have been requested in the cases referred to in paragraph 1 (6) before the entry into force of that paragraph, proof of power of disposal shall be deemed to have been furnished to the Land Registry Office; if the authorization has been declared by one of the granting authorities referred to in paragraph 1 (6) or by the State Bank of Berlin. The powers given in the second sentence of paragraph 1 (6) and (3) do not apply to that effect. Paragraph 1 (6) shall expire at the end of 31 December 2020. Unofficial table of contents

Section 114

§ § 6, 9, 13, 15 and 17 in the since the 9. The application is also applicable to entries that have been requested before that date but have not yet been made at that date. Unofficial table of contents

Appendix 1 (to § 22)
(basic book)

(Content: non-representable pattern of a basic book,
Fundstelle: Investment country for BGBl. I 1995 No 6, p. 5-15) Unofficial table of contents

Annex 2a (to § 31)
(Insurable basic book sheet)

(Content: non-representable pattern of a cluttered, uncluttered basic book,
Fundstelle: Investment country for BGBl. I 1995 No 6, p. 16-26; of the individual amendments. Footnote) Unofficial table of contents

Appendix 2b (to § 31)
(New basic book)

(Content: non-representable pattern of a new basic book,
Fundstelle: Investment country for BGBl. I 1995 No 6, p. 28-36) Unofficial table of contents

Annex 3 (to section 52 (1))
(Mortgage Letter)

(Content: non-representable pattern of a mortgage briefing,
Fundstelle: Investment country for BGBl. I 1995 No 6, p. 37) Unofficial table of contents

Annex 4 (to section 52 (1))
(partial mortgage letter)

(Content: non-representable pattern of a sub-mortgage letter,
Fundstelle: Investment country for BGBl. I 1995 No 6, p. 38) Unofficial table of contents

Annex 5 (to section 52 (1))
(Mortgage Letter on a Total mortgage)

(Content: non-representable pattern of a mortgage's letter over a total mortgage,
Fundstelle: Investment country for BGBl. I 1995, No 6, p. 39) Unofficial table of contents

Annex 6 (to section 52 (1))
(Community mortgage letter)

(Content: non-representable pattern of a mortgage briefing,
Fundstelle: Investment country for BGBl. I 1995, No 6, p. 40) Unofficial table of contents

Annex 7 (to section 52 (1))
(Elementary School)

(Content: non-representable pattern of an elementary school letter,
Fundstelle: Investment country for BGBl. I 1995, No 6, p. 41) Unofficial table of contents

Annex 8 (to section 52 (1))
(Retirement school letter)

(Content: non-representable pattern of a pension debits,
Fundstelle: Investment country for BGBl. I 1995, No 6, p. 42) Unofficial table of contents

Appendix 9 (to § 58)
(Erbbaugrundbuch)

(Content: non-representable pattern of a hereditary building land book,
Fundstelle: Investment country for BGBl. I 1995, No 6, p. 44) Unofficial table of contents

Annex 10a (to section 69 (4))
(In paper form guided land register)

(Content: non-representable pattern of a paper-form guided basic book
Fundstelle: Investment country for BGBl. I 1995, No 6, p. 54-62) Unofficial table of contents

Annex 10b (to section 69 (4))
(machine-guided basic book)

(Contents: non-representable pattern of a machine-guided basic book
Fundstelle: Investment country for BGBl. I 1995, n. 6, p. 63-68)