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Claudia Schiessl
Claudia Schiessl, Attorney
Category: German Law
Satisfied Customers: 16663
Experience:  I have been a practicing attorney for 20 years now with a broad experience in all kinds of law.
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Can you advise what happens when Land Registry cannot be established

Customer Question

Can you advise what happens when Land Registry cannot be established on a property in Germany. Two heirs to a property have been established for 75% of the property. The other 25% cannot be established.
Submitted: 1 year ago.
Category: German Law
Expert:  Claudia Schiessl replied 1 year ago.
May I ask:Is there any reason for that ?
Customer: replied 1 year ago.
Unable to find birth/death certificates for siblings of fathers wife who predeceased him. Executor states cannot sell house without establishing land registry. So what happens to the property?
Expert:  Claudia Schiessl replied 1 year ago.
Dear Customer,Yes this is probably true because you only own the house 75% an as the owner of the other 25% is unknown the house cannot be sold.In this case you have to turn to probate Court. There are agencies who are specialized in looking for heirs.Also if the executor turns to the council in the where the siblings have lived he should be able to get those certificates.I hope I was able to help you. Should you have any further questions please be my guest. I shall try to answer them as soon as possible. If i have helped I would very much appreciate getting a positive rating. This is how I get credit for my work . Thank you so much, your business is very valuable to us.
Customer: replied 1 year ago.
Because wife and siblings of Polish origin born in 1920/30s records are possibly destroyed. We understand the difficulties but surely there is a time limit on looking for people?
Expert:  Claudia Schiessl replied 1 year ago.
Dear Customer, there are possibilities like the Erbenermittler I told you about , or someone who acts on behalf of the alleged heirs and land owners and agrees to selling the propety on their behalf. This can be arranged by probate court ( Abwesenheitspfleger). So my advice is to turn to probate court If I have helped a positive rating would be greatly appreciated thank you
Expert:  Claudia Schiessl replied 1 year ago.
Any further questions you`d like to ask?
Customer: replied 1 year ago.
So far you have only told me what I already knew! We have to prese our expert executor has applied for probate. Can you answer the question: what happens to a house when land registry cannot be proven as in this case?
Expert:  Claudia Schiessl replied 1 year ago.
Thank you Who is in the registry owns the land and the house as well. In order to give exact legal advice I would have to see the paperwork.
Customer: replied 1 year ago.
I don't understand your question.
Expert:  Claudia Schiessl replied 1 year ago.
If you are in the registry you are the owner unless proven otherwise
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Claudia Schiessl replied 1 year ago.
Dear Customer,I would nned to see the paperwork
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Claudia Schiessl replied 1 year ago.
I would need the paperwork to see what exactly is going on

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