A Grunddienstbarkeit is an easement recorded in a neighbour's land register (Grundbuch): it lets a plot's owner, and every later owner, use the neighbouring plot in certain respects or forbid certain acts on it. A supermarket's access, parking, utility lines and advertising pylon can rest on such a right, but it can lapse at a forced sale of the neighbouring plot if it ranks behind the neighbour's land charges.
What it is
An easement burdens one plot in favour of whoever owns another, the benefiting plot. The law allows three kinds (§ 1018 BGB): a right to use the burdened plot in particular respects, a ban on certain acts there, and a bar on its owner exercising some of its rights against the benefiting plot. The easement must serve the use of the benefiting plot itself (§ 1019 BGB) and be exercised with as much regard for the neighbour's interests as possible (§ 1020 BGB). It is entered in section II of the burdened plot's register (§ 10(1) GBV) and survives changes of owner on both plots.
If the easement covers only part of the plot, such as an access strip, the burdened plot's owner may demand its relocation to an equally suitable place if the current one is especially onerous. That owner pays for the move, and this right cannot be excluded by contract (§ 1023 BGB).
Why it matters to investors
A public-law encumbrance (Baulast) secures access or parking towards the building authority but gives no civil-law right against the neighbour; an easement does (see Part 7 of the series German Prime Retail). An easement's strength depends on its rank. If the neighbour's land charge (Grundschuld) was registered before the easement and the bank enforces it, the easement lapses when the court awards the plot at the forced sale (§§ 44, 52, 91 ZVG).
The second trap lies on the ground. If a structure obstructing the easement is built on the burdened plot, the claim to have it removed becomes time-barred even though the easement is registered. The easement then lapses to the extent that it conflicts with the structure, and the register's public faith offers no protection (§ 1028 BGB). A fence across the access road that has stood for years can count for more than the entry.
Finally, the store's rights over neighbouring plots appear in its own extract only if they are noted in the inventory (§ 9 GBO); otherwise they must be traced in the neighbour's section II.
What to check
• Every easement on which access, parking, loading, utility lines and signage depend, in section II of the neighbouring plot.
• Its rank relative to the neighbour's land charges.
• The underlying deed: the exact strip or area, the purpose, and who maintains the road and utility lines (§ 1021 BGB).
• A site visit for fences, buildings or barriers that obstruct the right.
• A public-law encumbrance (Baulast), if the building permit requires one.
Sources: BGB §§ 1018–1021, 1023, 1028; ZVG §§ 44, 52, 91; GBO § 9; Grundbuchverfügung (GBV) § 10; Gordon Real Estate Group, "German Prime Retail", Part 7. Legal position as of 10 October 2026.
Photo: Peter Herrmann / Unsplash
This entry is general information and not legal or tax advice.