ᐅ General Questions (Leasehold)

Created on: 4 May 2020 17:00
A
alwayssearchin
A
alwayssearchin
4 May 2020 17:00
Good day,

I hope I have posted in the right subforum.

I am planning to build a house on my own land in Hessen at some point.

I often encounter the same issue:

I do not want to acquire a leasehold property (ground lease). The land should belong to me "completely."
Some listings also mention that the property is leasehold.

Here are my specific questions:

Can a purchased plot of land that was NOT acquired as leasehold still be subject to expropriation?

How can you tell if a property might be leasehold, other than it being explicitly stated in the listing? I don’t want to waste valuable time in inquiries only to later realize that although it is not literally mentioned, there is some kind of "code" or other indication in the listing that experts recognize as a leasehold reference, meaning it actually is leasehold.

How does property law generally work in Germany? Does it vary from state to state or is it uniform?
Can it generally be said that property rights in Germany are better or worse compared to neighboring countries such as Austria, Switzerland, or France?

And the most important question: how can I be sure that the land I purchase belongs solely to me?

Best regards

alwayssearchin
11ant4 May 2020 17:58
alwayssearchin schrieb:

How can I tell that the purchased plot of land belongs to me and only me?

You can check the land register document, where only your name is listed as the owner.
alwayssearchin schrieb:

How can one recognize if it might be a leasehold?

You’ll know if you sign a lease agreement for the land instead of a purchase contract.
alwayssearchin schrieb:

Can a plot of land that was NOT bought under a leasehold be expropriated?

The question is mistaken; you cannot buy on a leasehold basis. Leasehold is not a rent-to-own arrangement.
alwayssearchin schrieb:

I do not want to acquire a leasehold. The plot should "fully" belong to me.
Some listings also mention if it is leasehold.

A purchase price is paid once at acquisition and is usually a six-figure sum. Leasehold is basically an annual ground rent for the land, and any layperson can clearly see the difference in price. Only ownership can be bought; leaseholds only grant a right to use the land. So, as stated, there is no risk of mixing them up accidentally.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
N
nordanney
4 May 2020 17:58
alwayssearchin schrieb:

Can a purchased property that was NOT bought through a leasehold be expropriated?

Yes. But this also applies to leasehold properties. However, this is mostly theoretical, especially for regular building plots or already developed properties.
alwayssearchin schrieb:

How can you tell if it might be a leasehold?

There is a separate land register—the leasehold land register. It records you as the owner of the leasehold right. The “regular” land register shows the owner of the property itself.
alwayssearchin schrieb:

How is property law generally regulated in Germany? Is it different from state to state or uniform?

It is uniform. Only building regulations might differ slightly.
alwayssearchin schrieb:

Can you generally say that property rights in Germany are better or worse than in neighboring countries like Austria, Switzerland, France...?

Hello, we are in Germany. Everything here is better: the land, the air, the water, the mountains, the sea. Didn’t you know that yet?
Please first define what you mean by better or worse. A property is just a piece of dirt—whether in Germany, Austria, the Netherlands, or Uganda.
alwayssearchin schrieb:

And the most important question: how can I tell that the purchased property belongs to me and only me?

Because YOU buy it and your name is registered in the land register as the owner.

Leasehold is almost equivalent to full ownership. It is a common arrangement, especially with churches or mining companies, which remain owners but still want to generate income from the property.
I currently live in an apartment held under leasehold. I don’t care about it at all, even regarding resale and so on.
11ant4 May 2020 18:01
nordanney schrieb:

A plot of land is just a piece of dirt – whether in Germany, Austria, the Netherlands, or Uganda.
In Brilliant, it is a highly compacted piece of coal with a specific number of edges.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
N
nordanney
4 May 2020 18:17
11ant schrieb:

A brilliant is a highly compressed piece of coal with a specific number of facets
If you dig deep enough here in the coal mining regions, you might find one. At least a diamond, but not a brilliant.
U
User0815
4 May 2020 18:44
11ant schrieb:

That you are concluding a lease agreement for the land instead of a purchase contract.

Nope, not a lease agreement, but a purchase contract for a heritable building right. "Heritable lease" is a colloquial term.