Disposals of agricultural land, application for approval

Service Description

Disposals, usually purchase contracts for agricultural land, above a certain exemption limit (in Thuringia from 2,500 m²) and the granting of co-ownership shares, usufruct and inheritance share disposals (for farms) require approval under the Real Estate Transactions Act. Without this, the land register entry by the land registry office and thus the change of ownership (or the registration of the right) may not take place. The applicant is the notary.

Private individuals or notaries may also submit draft contracts for approval.

If a farmer acquires agricultural land because he wants to use it in his business, the contract is approved.

Approval may be subject to requirements or conditions, if any, or may be denied if the sale constitutes an unhealthy distribution of land, z. For example, because the purchaser is not a farmer. In this case, a right of first refusal can be exercised by the settlement company. The prerequisite is that at least one farmer in need of stockpiling and willing to buy needs the land. The settlement company then resells the land to a farmer in need of restocking. Notification of the exercise is given by the authority to the contracting parties and the notary.

In Thuringia, approval for the sale of land is only required if the exemption limit exceeds 2,500 m². Smaller plots of land are not subject to the approval requirement.

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

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