Register your right of residence in the land register - why it is advisable

Register your right of residence in the land register - why it is advisable

According to a report by www.t-online.de, it is possible to have a right of residence without registering it in the land register. However, it is strongly discouraged. A right of residence makes it possible to live in a property in whole or in part without being the owner or tenant. This right can either be registered in the land register or purely contractually regulated. The route via the land registry office is always cheaper.

It is important to note that a right of residence that is not registered in the land register is not legally protected against third parties, such as banks or a new owner. If the property is sold, the right of residence expires, which can lead to disputes with the new owner. This can cause significant uncertainty for property holders and deter potential buyers.

Furthermore, residential rights cannot be inherited, transferred, given away or determined in a will. They usually end with the death of the person entitled to live there, if the property becomes uninhabitable or a fixed-term contract expires. In practice, however, residential rights are often agreed for life and without anything in return, for example in order to transfer a family home to the children during their lifetime.

These uncertainties related to residential rights not registered in the land register can lead to a decline in interest in such properties and have a negative impact on the real estate market. Potential buyers may stay away from such properties due to legal uncertainties, which may result in a decline in market value and longer sales times. When purchasing a property, it is therefore advisable to ensure that all residential rights are properly registered in the land register to ensure legal security.