How to read a land register extract correctly: sheet A on the property, sheet B on ownership, sheet C on the encumbrances, plus notations and currency.
BRANDAUER Rechtsanwälte
Salzburg law firm for real estate, property and corporate law
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The land register extract is the most important document in a property purchase. It shows who the owner is, how the property is designated in the land register and which encumbrances burden it. Anyone who reads it correctly recognises risks before they become a problem and can align the draft contract accordingly.
The extract is divided into three parts: sheet A on the property, sheet B on ownership and sheet C on the encumbrances. There are also notations such as the notation of priority ranking, as well as the collection of deeds, in which the underlying documents are kept. This post explains each part and shows what buyers should look for.
From a lawyer perspective the currency of the extract is decisive. Only an up-to-date extract reflects the true status, because entries can be added at any time. Anyone who understands the extract can reconcile ownership and encumbrances with the contract and avoids unpleasant surprises after the purchase.
Answer one or two questions on currency and on the encumbrances in sheet C. You receive an initial classification of what to look for when reading.
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Only an up-to-date extract reflects the true status, because entries can be added at any time.
Without an up-to-date land register extract it remains unclear who the owner is and which encumbrances burden the property. Request a current extract before further steps, because an older extract can conceal new entries. Our checklist on the land register and encumbrances offers guidance.
With the current extract the status of ownership and encumbrances can be read reliably.
If sheet C is free of encumbrances, there are no mortgages, easements or a prohibition on encumbrance. Still read sheet A on the property and sheet B on ownership carefully and check whether notations such as a notation of priority ranking are entered. More on this in the glossary on the land register.
A clear sheet C is a good sign, but it does not replace the reconciliation with the draft contract.
Mortgages, easements, a charge on land or a prohibition on encumbrance and sale affect your future ownership. Clarify which encumbrances will be deleted and which remain. A first classification is provided by the encumbrances land register check, a deeper treatment by the focus page on the land register and encumbrances.
Have unclear entries reviewed before signing so that you do not take on an encumbrance you do not know.
Sheet A, the property description sheet, describes the property itself. It names the registration number, the cadastral municipality and the individual plots with their plot numbers, the area and the type of use. This makes it possible to determine exactly which property with which extent is the subject of the purchase.
Reconcile the details in sheet A with the draft contract. Do the registration number, the cadastral municipality and the plot numbers match? Does the area meet your expectations? Discrepancies between the extract and the contract should be clarified before signing, because the extract reflects the authoritative status.
Sheet A sometimes also contains entries relating to the property, for example rights attached to it. A deeper treatment of how the land register is structured is offered in our glossary on the land register. More on the interplay of land register and encumbrances is found on the focus page on the land register and encumbrances.
Sheet B, the ownership sheet, shows who owns the property. Where there are several owners, it states the respective shares, for example one half or one quarter. Each owner receives a separate sequential number, the B-LNR, by which the shares can be assigned.
For condominium ownership sheet B must be read with particular care. Here the minimum share is stated, with which the condominium ownership of a specific unit is inseparably linked. The link is made via the B-LNR. This shows you which share belongs to which apartment or which unit.
Check whether the seller matches the owner entered in sheet B. Only the registered owner can effectively dispose of the property. If the details differ, for example because an estate is still open, you should clarify the ownership before the purchase.
Sheet C, the encumbrance sheet, is often the most sensitive part for buyers. Here the encumbrances that burden the property are entered. These include above all the mortgage that a bank registers to secure a loan, as well as easements such as a right of way or a right of residence.
Sheet C can further contain a charge on land, a prohibition on encumbrance and sale as well as a right of first refusal. A prohibition on encumbrance can prevent the property from being sold or encumbered without consent. We explain these terms in the glossary on the mortgage lien, on the easement and on the prohibition on encumbrance and sale.
Read every entry in sheet C carefully and assign it. Which encumbrances should be deleted before your registration and which remain? A first classification is provided by the encumbrances land register check. How the deletion is secured in the contract is covered in the post on the discharge of encumbrances in the contract.
Each sheet answers a different question. This overview shows what you find where and what to look for.
| Sheet | Content | What to check |
|---|---|---|
| Sheet A Property, registration number, cadastral municipality, plots | Designation of the property and its area | Reconcile registration number and plots with the contract |
| Sheet B Owners, shares, for condominium the minimum share | Who the owner is and with which share | Seller must match the registered owner |
| Sheet C Mortgage, easement, charge on land, prohibition on encumbrance | Which encumbrances burden the property | Clarify deletion of the encumbrances before registration |
| Notations Notation of priority ranking and further notes | Reserved rank for a sale or an encumbrance | Observe the time limit of the priority ranking |
| Currency Status of the extract at the time of the query | Up-to-date extract reflects the true status | An outdated extract conceals new entries |
The collection of deeds contains the documents on which the entries are based. A look inside helps to understand the background of an encumbrance or a right.
Caution with outdated extracts: An older land register extract can conceal new mortgages or a prohibition on encumbrance that were registered after the query. Rely only on an up-to-date extract and have unclear entries reviewed before signing. Booking an initial consultation (72 euro) can quickly bring clarity.
In addition to the three sheets the extract contains notations. An important one is the notation of priority ranking for the intended sale. It reserves the rank for a future registration and protects the buyer from the property being sold or encumbered a second time in the meantime. The priority ranking is time-limited, so the timing of its request should be coordinated with the settlement. More on this in the glossary on the priority ranking notation.
The collection of deeds supplements the extract. It holds the documents on which the entries are based, for example the earlier purchase contract, a mortgage deed or the agreement on an easement. A look into the collection of deeds helps to understand the content and the scope of an encumbrance precisely.
When reading, always pay attention to currency. An up-to-date extract reflects the authoritative status. Reconcile it with the draft contract before signing. How to review the entire draft systematically is shown in the post on how to review the property purchase contract before signing. Structured help is offered by the checklist on the land register and encumbrances.
Sheet A describes the property with the registration number, cadastral municipality and plots. Sheet B shows the owners and their shares, for condominium ownership also the minimum share with the B-LNR. Sheet C contains the encumbrances such as a mortgage, an easement, a charge on land or a prohibition on encumbrance and sale.
Entries can be added at any time. An older extract can therefore conceal new mortgages or a prohibition on encumbrance that were registered only after the query. Only an up-to-date extract reflects the true status of ownership and encumbrances and should be reconciled with the draft contract.
The notation of priority ranking for the intended sale reserves the rank for a future registration. It protects the buyer from the property being sold or encumbered a second time in the meantime. The priority ranking is time-limited, so the timing of its request should be coordinated with the settlement.
The focus page on how the land register is structured and which encumbrances can affect your ownership.
How the deletion of mortgages and other encumbrances is secured in the contract.
A first classification of the encumbrances in sheet C of your property.
How to review the entire draft systematically before you sign.
When buying property, the contract and the land register decide. Call us directly or send an email, callback within one business day.
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