Purchase contract for a garden

Basic information on the purchase contract for gardens

There are two ways to buy a garden, only one type is actually a contract of sale for the garden from a legal point of view:

• If you are also given ownership of the land when you buy the garden, then it is a real sale of the garden. Such contracts must always be concluded with a notary. You will then be entered in the land register of the respective municipality as the owner of the garden land. Note, only a notarized sales contract actually transfers ownership of the garden to you. All other contracts are not binding.
• In connection with allotment gardens, it is often said that one of the gardens is being sold to a new owner. The purchase contract specifies the amount the new owner has to pay for trees, buildings and other gardens. With these sales contracts, you are legally not buying the garden, i.e. land, but what is in the country. Since there is no change of ownership of the land, you do not need a notary. Such a purchase is usually not entered in the land register.
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This is what you should keep in mind when buying a garden

• In the case of a real transfer of ownership, you buy the land with all rights and obligations. Attention: You are solely responsible for the country after purchase; if there is hazardous waste there, for example, you must dispose of it at your own expense. Since you have to see a notary anyway, you should ask them about anything that does not seem obvious to you.
• If you buy a garden without transferring land, clarify in advance that you can also use it. Buying trees, a fountain and one Garden shed does not necessarily mean that you can view the garden as your garden. You must regulate the use separately with the owner of the property.


Have the notice of conveyance entered in the land register - you should pay attention to this

If you have already bought a property or are thinking of ...

• With allotment associations, there are often a number of rules that you need to follow when planning to use the garden. Before concluding the purchase contract, find out exactly which obligations are linked to the use of the garden. Sign a long-term lease. Keep in mind that you will usually not be able to remove your belongings from the property. For this reason, it is important that you make sure that you are allowed to cultivate the garden after you have signed the sales contract.