Fonds - Rep. 105 Central land register archive

The land register as a public register that records the ownership structure of a plot of land and the rights and encumbrances associated with it has developed from the mortgage system that first spread to cities in Prussia in the 17th and 18th centuries. The Mortgage Code of 20 December 1783 in Prussia created the necessary legal certainty for the increasing movement of property in the course of the 18th century, by obliging all court authorities to create a mortgage book according to a uniform form. For the properties of an owner, it provided for a specific location of sheets for entries forming the mortgage folium. Its name resulted from the sequential numbering, partly supplemented by folio or pagina indications. The mortgage folium is divided into three categories: Heading I (Titulus possessionis) is reserved for entries on owners, while heading II (Onera perpetua) lists restrictions on use and power of disposal. Section III contains entries on the mortgages and land charges which gave the books their names. <br />The form of the mortgage books was also adopted by the Prussian land register regulations of 5 May 1872. The sections were now referred to as departments. The innovation consisted of a separate title page with an inventory, pre-bound to the departments. After the description of the land register page by the name of the land register district (place), the number of the land register volume and page, the inventory serves as an exact record of the plots in terms of location, size and type of use using the data from the real estate cadaster introduced in 1865. Entries for write-ups and write-downs in the inventory register provide information on previous and subsequent land register pages for the property. For the existing mortgage books, the innovations merely meant a change of name. They were continued as land registers, as was the mortgage file created for each mortgage folium as a basic file. The designation of the files corresponds to that of the respective mortgage foil or land register sheet and is indicated accordingly with the name of the land register district as well as the volume and page number. After the loosely inserted hand sheet, a duplicate kept parallel to the mortgage or land register, the bases for registration (contracts, deeds, permits, etc.) and the related correspondence are chronologically formed after the date of registration in the land register in the file.<br />The lower courts took over the maintenance of the mortgage and land registers as a task of voluntary jurisdiction. In accordance with local political conditions, mortgage accounting before 1849 was linked to municipal and regional courts, to judicial offices or to patrimonial courts. A special case was the mortgage books on knightly real estate. In the course of the Prussian reforms of 1810, their leadership was transferred from the knightly mortgage directorates to the Kurmärkische Kammergericht and the Oberlandesgericht Frankfurt (Oder). With the abolition of the patrimonial jurisdiction and the eximierten jurisdiction 1849 the district courts formed as national courts of first instance became responsible for the mortgage bookkeeping. The Prussian land register regulations of 1872 assigned the keeping of the land register to special land register offices, which were to be formed at every district and city court and at every permanent court deputation. The reorganization of the judicial authorities in accordance with the Judicial Constitution Act of the German Reich of January 27, 1877, created the organizational framework for land registry management that still exists today - with the exception of the special development in the former GDR - with the official courts set up on October 1, 1879.<br />A standardization of land registry management in accordance with the model of the Prussian land registry system attempted the land registry system for the German Reich of March 24, 1897. In practice, however, country-specific forms continued to exist. Only in the wake of the land register regulations of August 5, 1935 and the land register decree of August 8, 1935 was it possible to unify the Reich. As a result, older land registers, most of which had been created before the Prussian land register regulations came into force in 1872, were closed until the war years due to confusion. The plots of land recorded therein were rewritten on land register pages with new volume and page designations that corresponded to the richly uniform form.<br />The administrative reform of 1952 in the GDR fundamentally changed the institutional anchoring of land register management. Pursuant to the Ordinance of 15 October 1952 on the Transfer of Matters of Voluntary Jurisdiction, after the dissolution of the Local Courts and the establishment of District Courts, the keeping of the land register ceased to be part of the judicial sphere. It was organizationally linked to the cadastral administration and initially connected to the councils of the counties - cadastral department, from 1965 to the real estate services established as specialist bodies at the councils of the districts. At the same time, the connection with the cadastre enabled changes to be made in the form of land register documentation. After the land registers were returned to the unit cadaster (Reich cadaster), the inventory sheet of the real-estate cadaster was replaced by the inventory sheet, which became part of the land register sheet. As early as 1953, the land registers, which until then had had sole legal force, were no longer kept in book form, without the open land register pages still present in the volumes being formally closed individually. The land registers in book form (land register volumes) should be archived. The land register hand page in the basic file, which was kept in parallel until 1953, has since taken over the function of the land register alone. This change in meaning explains the special relevance of the basic files in the territory of the former GDR. The land files include not only the registration documents, but also the land register handbook page (also called table or land register booklet) actually kept until the land register was closed and thus the complete land register page until the closure.<br />The depreciation of the property on another land register page, confusion and change of responsibility for the registration of the property are reasons for the closure of a land register and the land file. For the territory of the former GDR, the volume of closed basic files also increased as a result of changes in ownership. From 1962 onwards, land registers were closed for properties which were owned or to be transferred by the people.<br />After 3 October 1990, the land register was once again annexed to the administration of justice, initially to the district courts. The reorganization of the district courts, which came into force on January 1, 1993 in accordance with the law on the reorganization of the district court districts in the Land Brandenburg of December 8, 1992, and which until the end of 1993 again adopted the designation Local Court, created the local courts responsible today with their function as land registry offices in the Land Brandenburg.<br /><br />General inventory history<br /><br />>The older mortgage books and files from the 18th century were largely lost, either through cassations with the authorities in the 19th century or through the magazine fire in 1945 in the Secret State Archive in Berlin-Dahlem, which had taken over mortgage books and files. Remnants can be found in the Secret State Archives of Prussian Cultural Heritage in the holdings of various courts.<br />Because of the war losses that occurred, the BLHA has endeavoured since the 1950s to secure the historical land register tradition and to transfer it to the archive. With the transfer of documents from the district courts dissolved in 1952 from the successor authorities (district courts, councillors of the districts - cadastre department), large quantities of land registers (land register volumes) and land files were therefore transferred to the BLHA in the 1950s and early 1960s. Irrespective of their final provenance, older and younger land register documents were left together in the archives and placed under the last competent local court. A complete takeover of all the land register documents that were no longer required at the time prevented the lack of magazine capacity. In the following years, the lack of space for archiving the very extensive land register tradition even led to a tearing apart of the holdings to various archives, which also made access to the documents considerably more difficult.<br />In the early 1990s, closed land register documents for places in the state of Brandenburg were located not only in the state main archive with its locations in Potsdam and in Lübben, but also in the land register archive Barby, in the responsible land register offices and in municipal archives. In reaction to the dissolution of the Barby land register archive as an archive depot for the former GDR and the resulting need to return Brandenburg's land register holdings on the one hand and to the lack of space in Brandenburg's land register offices on the other, the Brandenburg state government decided in a cabinet resolution of 4 May 1993 to set up a central land register archive at the BLHA. The fact that the BLHA already kept a considerable amount of land register holdings and had suitable magazine halls at its new location in Potsdam-Bornim was also taken into account. Finally, it was hoped that the consolidation of the documents in one archive would also lead to a faster and more effective processing of applications from citizens and administrations for land register copies within the framework of clarifying open property issues.<br />In implementation of the Cabinet decision, the land register documents kept at various locations in the archive and the Brandenburg land register holdings from the Barby land register archive were initially consolidated at the new location in Potsdam-Bornim. Until the end of the 1990s, all land register documents from the Brandenburg district courts that had been closed before 3 October 1990 were subsequently taken over. <br />A division of the land register documents according to final provenance or according to the competent courts at a certain point in time was not made solely on the basis of the quantities taken over. Taking into account the land register registries which remained largely unaffected by administrative upheavals as well as the formal requirements resulting from uniform specifications, the land register documents were set up in the BLHA as a combined stock Rep. 105 Central Land Register Archive. All mortgage and land registers and the associated files, insofar as they can be assigned to the mortgage and land registers by volume and sheet numbers, are contained therein. The combined holdings are subdivided according to the forms of transmission into land register (in book form) and land file (partial) holdings, which result from the relocations before 1990 and which reached the archives through levies of the local courts in the years 1994 to 1999.<br />Mortgage files without leaflets were taken from the holdings, listed according to property and owner information and classified in the relevant older court holdings (Rep. 5A Municipal Courts, Rep. 5B Judicial Offices, Rep. 5C Patrimonial Courts, Rep. 5D District Courts). Older mortgage files from the period before 1849 are also in the holdings of the holdings groups Rep. 7 Landesherrliche Ämter and Rep. 37 Herrschafts- und Gutsarchive. The property of the knights' estates includes mortgage books and files from the time before 1810 in the holdings of the knights' mortgage directorates (Rep. 23A Kurmärkische Stände and Rep. 23B Neumärkische Stände). For the period 1810 to 1849, individual volumes of mortgage files on the knights' estates are in the holdings of Rep. 4A Kurmärkisches Kammergericht and Rep. 4B Oberlandesgericht Frankfurt (Oder).<br />General files on land register keeping are mainly in the files of the local courts (Rep. 5E district courts, Rep. 260 district courts) and the councils of the districts (Rep. 401 district day and council of the district Potsdam, Rep. 601 district day and council of the district Frankfurt [Oder] and Rep. 801 district day and council of the district Cottbus). With regard to property documentation in general, reference is also to be made to corresponding traditions from the real-estate cadastre - documents of the Prussian cadastre (1865-1951/56) in the holdings of Rep. 39 cadastral offices and the documents of the more recent unified cadastre in the holdings of the Councils of Districts (Rep. 401 Bezirkstag and Council of the District of Potsdam, Rep. 601 Bezirkstag and Council of the District of Frankfurt [Oder] and Rep. 801 Bezirkstag and Council of the District of Cottbus).<br /><br />The state of development<br /><br /> land registers and land files are recorded in the partial inventories according to the designation of the land register (land register district, volume and page number) according to the state at the time of closing of the land register.<br />The land register inventories (land registers in book form), which for a long time were only accessible via internal finding lists after their transfer, were recorded in the archive database in the years 2016 to 2018. It provides a complete overview of the existing mortgage and land registers in the portfolio.<br />The indexing of the acquired basic file holdings has been a focus of work for some time now. At the end of 2018, 75 of the total of 82 basic file holdings were recorded in the basic file database, partly by new indexing, partly by taking over the information from the delivery directories of the transferring offices. This makes it possible to check online for approx. 90 basic files whether the corresponding basic file exists for a land register page. Access to research in the basic database is available on the BLHA homepage. Delivery directories and finding lists must (still) be used for the basic file holdings not recorded there.<br /><br /> Notes on use<br /><br />The determination of land register documents for a property is only possible with the designation of the closed land register according to land register district (district), volume and page number. When searching for old land register documents, it is advisable to first make an enquiry to the competent local court (land register office) in order to determine whether the requested land register documents have already been closed and whether they are still in the local court if they have been closed. As a rule, the Local Court is also in a position to indicate the designation of the closed land registers under which searches must be carried out in the BLHA. If the local court is unable to establish this information, the responsible land registry and surveying office may be able to help under certain circumstances.<br />The use of the land register documents is possible after presentation of the justified interest. For an inspection of more recent closed land register documents there are restrictions on use, in particular in order to protect the interests of affected parties and third parties worthy of protection.<br /><br />scope; time scope<br /><br />- approx. 3,000 linear metres (standing approx. 2,000 linear metres); 33490 official records; around 1730 - 1953<br />- approx. 7,000 linear metres of files; around 1700 - 1995

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