Inspection of the land register: Co-heirs must specifically demonstrate their interest
Inheritance disputes are a daily occurrence in Germany. If a family member or a close relative dies, they often leave behind financial and material assets, which can lead to disputes between the heirs. However, legal disputes can also arise over access to land registers and files. The Higher Regional Court in Saarbrücken recently dealt with this issue: Is a co-heiress entitled to inspect the land register and the land records in the same way as a testator was during her lifetime?
The judges in Saarland issued a ruling on this in November 2021, which is likely to be decisive for future case law.
Heiress requests access to files: Is there a legitimate interest?
In the specific case, a co-heiress requested access to the land register and the land files, as she was of the opinion that she was entitled to the same rights of access as the testator. In addition, the beneficiary stated that a co-heir also had a detailed right to inspect the land records of the deceased's former properties. According to the co-heiress, proof under inheritance law did not require the form of Section 35 of the Land Register Code.
However, the responsible judicial officer at the land registry rejected the application. The reason given was that there was no legitimate interest in the inspection. A short time later, the Higher Regional Court in Saarbrücken also rejected the appeal of the co-heiress.
„Legitimate interest“ is mandatory
But why this rejection?
There must be a „legitimate interest“ for the inspection of the land register and land files. The decisive factor here is that the applicant is pursuing a justified interest, which is not only due to the legal level. Actual, economic interests are also required. The interest must be justified by the merits of the case.
Looking at each individual case, it must be clear that the inspection of the files will enable the heir to gain knowledge that could influence their future actions. It must always be borne in mind that the protection of personality and economic circumstances must always be weighed against the interests of the heirs, which should serve to gain knowledge. The reasons why a person should be given access to the documents must be explained in detail by the applicant. If it is clear from the facts presented that a legitimate interest is being pursued and not mere curiosity or other less serious reasons, the land registry may grant access.
Why did the Higher Regional Court dismiss the appeal?
In the case described above, these requirements were not met by the co-heiress. It is true that an heir could have the right to inspect the land register and land files. To do so, the inspection would have to serve to clarify equalization obligations. However, the heir in the present case limited herself to a legal reference. However, this is not a sufficient presentation of facts that would be helpful in clarifying the aforementioned equalization obligations. In consideration of the protection of the testator, no right of inspection can therefore be granted.
What does the ruling mean for future cases?
The Higher Regional Court in Saarbrücken has made it clear that a possible legitimate interest must be examined in detail. Under no circumstances should unauthorized persons be given access to confidential and sensitive documents. Possible compensation obligations must be explained in a comprehensible manner and claims to this effect must at least appear possible. One thing is clear: a legal notice from a co-heir is not sufficient to indicate a legitimate interest in inspecting the documents.
