Immosearch Immosearch
Sign up

Cancel
KI-Symbolbild: Ein altes Bauernhaus mit großem Ziegeldach und gepflegtem Blumengarten, umgeben von hohen Nadelbäumen im Herbstnebel.
Practical article Buying Germany

The seller is a prior heir (Vorerbe): do not treat the subsequent heir notice (Nacherbenvermerk) as a settled family matter when buying a house

How do I prepare a house purchase in Germany when prior and subsequent inheritance (Vor- und Nacherbschaft) is relevant in the land register?

Automatically translated – the German version is legally binding. Show original (German)

Published
19 Oct 2026
Research as of
17 Oct 2026
Applies to
Germany
For whom
Searchers & tenants
Article ID
WX26-P04-0099

The person selling the house is registered as the owner. However, the register also mentions a right of subsequent inheritance (Nacherbenrecht). In conversation it is said that the family is in agreement and that this does not affect you as the buyer. For your acquisition, a concrete notarial assessment of the legal situation and the intended handling is still required.

Read owner entry and restriction on disposal together

§2113 BGB governs the effect of certain dispositions by the prior heir (Vorerbe) over estate real property upon the commencement of the right of subsequent inheritance (Nacherbfolge). The provision links this effect to the thwarting or impairment of the subsequent heir's right and contains further rules. [NACHERBE]

You must not draw from this either an invalidity of the offered purchase yourself or an allegedly certain release. Ask the notary to assess the specific prior- and subsequent-inheritance arrangement including the relevant estate documents. A general owner information does not fully answer this particular question.

Refer a release to its actual content

§2136 BGB allows the testator to release the prior heir from the restrictions and obligations named there. [BEFREIUNG] The term “released prior heir” (befreiter Vorerbe) must therefore not be equated without examination with an unlimited authority for every conceivable transaction.

Pursuant to §51 GBO, when the prior heir is entered the subsequent heir's right and, where applicable, the release are entered at the same time. [VERMERK] Provide the notary with the complete current extract and any available estate evidence. Which additional deed is required must be clarified on the basis of the concrete situation.

State the desired acquisition result explicitly

Our editorial recommendation: Do not only ask whether a contract can be signed. Have it explained which legal position you should receive at the end, which prerequisites for this are still necessary and how these will be taken into account in the intended execution.

If a cooperation, declaration or further clarification is required, its actual status must remain recognizable. The statement that an involved person will “definitely sign” is initially an expectation. The article does not determine either the necessary parties or a way to delete the entry for your case.

Hypothetical case: The bank only knows the short summary

A buyer plans a comprehensive renovation and initially passes on to her bank only the information that the seller is the registered owner. Only later does the subsequent heir entry become an issue. The previous financing review was therefore based on an incomplete description of the intended acquisition situation.

She has the specific matter clarified by a notary and provides the bank with the necessary current documents. The example does not claim any particular financing outcome. It illustrates a coordination gap between legal acquisition review and the bank's assumption.

Need a comprehensible answer before committing

Record points left open and state which of them underpin your purchase decision. The special subsequent heir's right is not a mere formality at the margin of family history. It must be assessed for the planned acquisition. A sufficiently concrete explanation protects you from basing a purchase on an unexamined “it will be taken care of”.

Sources and context

Created with the help of AI and editorially reviewed. General guidance only; not individual legal, tax or financial advice. Errors and later changes are possible.