Note of landowner rights in the land register

If you as the property owner own rights to another property (serving property) (e.B. an emergency right), you can have this noted in the land register of your property (dominant property). The inclusion of property ownership rights in the land register of the prevailing land (so-called active note) means that the authorisation of the owner of the subjective-rem right is also required for the cancellation of the right or for the registration of the change in the content or the change of rank of this right, Section 21 GBO, because subjective-in-rem rights are an essential part of the prevailing property in accordance with Section 96 of the German Civil Code (BGB).

Written application with a designation of the right, the indication of the prevailing immovable property and the immovable property


Preconditions
Written application by the owner of the prevailing land or by anyone who has a right in rem in the dominant immovable property You can only have the note entered in the land register of the prevailing land in the case of the following property owners' rights: Basic service ability in accordance with Section 1018 of the German Civil Code (BGB) Subjective-in-rem right of pre-emption in accordance with Section 1094 of the German Civil Code (BGB) Subjective real load in accordance with Section 1105 of the German Civil Code (BGB) Inheritance interest in accordance with Section 9 ErbbauRG Super-construction pension in accordance with Section 914 of the German Civil Code (BGB) Emergency pension in accordance with Section 917 of the German Civil Code (BGB). The right must be registered on the serving property before or at the same time.
The note shall be entered in the inventory of the land register of the dominant immovable property. A note on the land register of the land used shall be entered on the land register.

Responsible for the content
Ministry of Justice Mecklenburg-Vorpommern

Last update or date of publication
17.11.2020