1. Washington D.C., March 23, 2017
Improving Quality and Reliability of Land Records: Germany’s Experience
Dr. Nicola Hoischen, LL.M. (Cologne/Paris 1) Federal Chamber of German Civil Law Notaries

2. Overview 01 Land Records in Germany 02
Efficient Collaboration of Notaries and Courts 03
Quality and Reliability of Digital Land Registries

3. 01
eIDAS: e-ID Authentication and Signing
Land Records in Germany

4. Land Records in Germany
Two registries:
The Cadastral Map: full geographic coverage (parcel, boundaries)
The Land Registry: rights in rem (ownership, encumbrances)
Separated but linked databases
Clear assignment of property rights
Synchronization will take place electronically in the future

5. The Land Registry
Land registries are kept by the local courts and provide access to all relevant information:

6. Under German law property rights only exist if they are registered!
The Land Registry
Under German law property rights only exist
if they are registered!
All transfers of property must be registered to become effective
Registration of the new owner is legally binding for anyone (no need of further certificates)

7. The Land Registry Registration gives rise to Legal Assumptions:
Registered rights exist and belong to the registered person.
Rights that are not registered do not exist.

8. The Land Registry Advantage of the German system:
Buyers and creditors can fully rely on the registered information
extract from the land registry (8 €)
no title inspection (deeds of former transactions)
no title insurances

9. The Land Registry The German system…
allows secure and efficient property transactions
at low transaction costs
…because (and only if) the registered information is:
accurate
complete
legally checked

10. 02
Efficient Collaboration of Notaries and Courts

11. Efficient Collaboration of Notaries and Courts
Civil Law Notaries are…
highly qualified legal professionals
independent holders of a public office
In real estate transactions notaries…
give impartial legal advice to the parties
draft and authenticate sale and purchase agreements
create immediately enforceable deeds
perform a preventive legal control

12. Efficient Collaboration of Notaries and Courts
The Notary as “Gatekeeper”…
prepares applications collecting information and certifying documents
identifies the applicants (prevention of money laundering)
guarantees completeness, legal accuracy, legal validity of documents (filter function)
prevents legal disputes about property rights

13. Efficient Collaboration of Notaries and Courts
The Land Registry…
can rely on information already verified and documents prepared by trusted legal professionals
re-checks information and documents for completeness, accuracy, legal validity (“second set of eyes”)
registers usually without having to make any changes

14. 03
Quality and Reliability of Digital Land Registries

15. Quality and Reliability of Digital Land Registries
Challenge:
Promote digitization of the German Land Registry
Is in progress
plus
Maintaining the existing quality level
Notaries as gatekeepers are ready

16. Digital Land Registries in Germany
The current situation:
For 20 years land registries have been kept electronically, partly scanned, partly fully digitized
For 10 years online access to the electronic database has been made available; it allows all kinds of online searches, i.e. by name, by address, by plot number
The German system already offers high transparency
Notaries have started in four federal states submitting structured applications electronically

17. Digital Land Registries in Germany
The future situation:
Fully electronic registration
Redesign the land register as a structured database
Registered information available as fully structured data
New technical possibilities (e.g. hyperlinks, filtering register extracts, interconnection of registries)

18. Digital Land Registries in Germany
Role model: The German Commercial Registry
The notaries already…
prepare the applications digitizing the documents
certify the accuracy of the electronic versions
filter information and create structured electronic data
submit the data electronically to the registry
The courts then…
incorporate electronic documents and structured data with a few clicks

19. Conclusions
Land Records in Germany offer:
Full coverage of spatial data
Clear assignment of property rights
Notaries and Courts guarantee a Land Registry which is:
accurate
complete
legally checked

20. Conclusions
Digitization of the Land Registry
Is in progress
And: we expect it to be the benchmark regarding quality and reliability
…in other words:
A Digital Land Registry “made in Germany”

21. Thank you for your attention!
Dr. Nicola Hoischen, LL.M. (Cologne/Paris 1) Federal Chamber of German Civil Law Notaries