Apply for a certificate of harmlessness

The certificate of harmlessness facilitates the transfer of ownership of small parcels of land without encumbrance and thus contributes to the clean-up of public books and cards.The law on certificates of harmlessness does not apply to public charges.

General

The certificate of harmlessness facilitates the transfer of ownership of small parcels of land and thus contributes to the clean-up of public books and maps. Small or splintered corridors are often created during the laying, widening and new construction of roads, paths, railways, watercourses and border straightening.

State of affairs

If a section of a property encumbered with a mortgage or other rights is to be sold, either the encumbrances resting on the parent property must be transferred to the part to be sold or, if this is not to be done, the beneficiaries must release the part to be written off from the pledge and give their consent to this from a notary. However, the expenses associated with the deposit relief are generally disproportionate to the value of the separator to be depreciated. In this case, the certificate of harmlessness replaces the authorisation of the beneficiaries and enables the deposit-free depreciation by means of an administrative act.

Examination

The ownership of a part of the property can be transferred free of encumbrances if it is determined by an official certificate (harmlessness) that the parcel to be depreciated has low value and scope and that the change in law does not entail a disadvantage for the entitled persons. The law thus allows the certificate of harmlessness to extend to any case of sale, as well as to the exchange and the free assignment in addition to the purchase. It includes any burden, with the exception of public charges. These include, for .B, real encumbrances, mortgages, land and pension debts, usufruct, easement, heritable building right, right of first refusal, permanent right of residence or use or right of way.

Paragraph 2(1)(2) provides that, under the same condition, the right to which the respective owner of another immovable property is entitled may be revoked without the consent of those for whose benefit the other immovable property is encumbered.

The certificate of harmlessness may be limited to individual loads.

  • Designation of the parcel concerned by the cadastral designation with municipal area, parcel and parcel number to which the certificate of harmlessness is to refer
  • Name of the right for which a certificate of harmlessness is to be issued
  • Current land register extract, if available
  • Copy of the permit certificate for encumbrances in Department II of the land register, if available (easements)

Preconditions

Any person who has a legal interest in establishing harmlessness may apply for a certificate of harmlessness.

Related Links

  • Law on Safety Certificates UZeugnG ND (VORIS-NI)
  • Lower Saxony Act on Official Surveying (NVermG)

The certificate of harmlessness replaces the lien release of the entitled persons required in the context of a deposit-free transfer of parts of the property (parcels).

  • After the application has been submitted, the requirements for the issuance of a certificate of harmlessness are checked by the cadastral office.
  • In the absence of the conditions, a rejection notice with instructions on remedies and collection of the Fees by means of a performance notice.
  • If the conditions are met, the parties concerned shall be consulted.
  • The certificate of harmlessness is issued after expiry of the consultation period with instructions on how to appeal.

Issuance of the certificate of res judicata after expiry of the appeal period and collection of the fees by means of a performance notice.

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