Conveyancing

The conveyance is a term from the case law of the German Civil Code ( BGB) of the Federal Republic of Germany. It is a part of the transfer of ownership of land. The transfer of ownership (conveyance and registration ) is a business available. It is the change of ownership necessary because the German law establishes the principle of separation, after a change of ownership is not already with the obligation business (usually a contract of sale ) takes place.

According to the legal definition in § 925 BGB it involves the simultaneous presence of both parties before a notary public to be declared real agreement (see form) of the transferor and the transferee on the transfer of ownership of land. Voting by proxy is permitted, the parties may be represented by each proxy.

The certification of abandonment does not prescribe the Civil Code, but it is against the Land Registry Office for the detection of conveyance necessary to enable it to make the entry in the land register ( see § 29 GBO, § 20 GBO, Grundbuchordnung ). In addition, the certification shall also bind to the agreement as collateral agreements in principle up to the age of legal purchase would be subject to revocation ( § 873 para 2 BGB).

For these reasons, the conveyance is also certified with the land purchase contract of the notary in practice.

A conveyance may be neither limited nor explains conditional ( condition hostility ), a sale of land under reservation is not possible. However, it is possible to make the enforcement of the registration in the land register of a condition ( eg, payment of purchase price ) or one with a time -dependent ( cf. escrow account ).

In addition to the agreement in accordance with § 873 BGB to change the ownership position is also the registration of the new owner needed the land register. A purchase of a property with a handshake is therefore not possible, the entry in the land register is mandatory.

Etymology

The term abandonment comes from the Germanic law: When selling a house plot the gate or the door has been left open. So everybody could see the new or future owners. Thus the term already knows, for example, the Mirror of Saxony (Land Law I 9 § 5). In his illustrated editions the conveyance is symbolized by the transfer of spikes that grow on the property.