Land registry - cancellation of rights in the land register Unfortunately this specification of service has not yet been completely translated.

The deletion is made in the land register in such a way that in the column "Deletions" the serial number of the right, in the third section additionally the amount of the right, as well as the remark: "Deleted on ..." is written. The right itself is crossed out in red or underlined.

  • Request deletion,

    A written request is sufficient for the cancellation of a right in the Second Department (no notarial signature certification is required). An e-mail does not comply with the written form requirement.

    You can use the form under "Forms".

    As a rule, a property owner submits the application. It would also be conceivable for the person entitled to the right to file the application him/herself.

    For the cancellation of a right in the Third Division, the application of all land owners affected by the right must be submitted at least with signature certification.

    For this purpose, please consult a notary of your choice!

  • Cancellation permit,

    The cancellation consent of the beneficiary of a right in the Second Division or of the creditor of a right in the Third Division must always be presented in a public or publicly certified document.

    Entitled persons or creditors must contact a notary of their choice for this purpose.

    Credit institutions as creditors of a right in the Third Division will provide you with corresponding deletion authorizations in the required form.





  • Death certificate,

    In certain cases, a right that is limited to the lifetime of a beneficiary can be extinguished by presenting a death certificate.

    This must then be presented in the original or as a certified copy.

Preconditions

To cancel a right, an application must always be of a person entitled to file an application (as a rule, the owner of the real property) and an authorization from the entitled person or creditor is required.

In exceptional cases, it is sufficient to submit a death certificate of the entitled person(s).

Hints

Encumbrances and restrictions are entered in the Second Section of the land register.

These are, for example, easements or so-called limited personal easements (usufruct, residential rights, etc.), but also priority notices, notices of succession or execution of wills.

Mortgages, land charges and annuity debts are entered in the third section of the land register.

If a right is limited to the lifetime of a beneficiary, the submission of a death certificate may be sufficient for deletion.

  • Grundbuchordnung

Upon receipt of the application for cancellation of a right, the competent judicial officer shall check whether the application and other required documents are complete and in the required form.

Both the person(s) filing the request and the beneficiaries or creditors of the cancelled right will be notified of the cancellation.

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