Vormerkung

priority notice

A Vormerkung is a provisional entry in the German Grundbuch that grants priority to a future claim.

The Vormerkung, governed by the German Civil Code (BGB §§ 883 et seq.), is an instrument of German property law. It consists of a provisional entry in the land register that secures the priority of a right to be registered at a later date, such as a transfer of ownership or a mortgage.

This legal device is relevant because it protects the beneficiary against interim registrations by third parties that could adversely affect their position. In Dutch practice, the term arises primarily in cross-border real estate transactions governed by German law.

“The notary caused a Vormerkung to be registered immediately after the purchase agreement was signed in order to protect the buyer's position.”

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