Lasten und Beschränkungen im Grundbuch Löschung

The deletion of encumbrances or restrictions (e.g. easement, usufruct) in the land register is possible if the beneficiary waives the exercise of the right.

The deletion of encumbrances or restrictions (e.g. easement, usufruct) in the land register is possible if the person entitled waives the exercise of the right.

If a person dies in whose favour a right (e.g. a right of abode) is registered in the land register, the deletion of this right can be applied for by the owner of the property.

Cancellation may also be applied for if the right is subject to a condition or a time limit and the condition has occurred or the time limit has expired.

• Request for cancellation
• Deletion consent of the person affected by the deletion of the right
• Death certificate if the person entitled is deceased

Application

The land register procedure is an application procedure. In the event of the death of the beneficiary or the renunciation of the right, no automatic deletion is carried out by the land registry.

• KV No. 14140 of Annex 1 to Section 34 GNotKG: For deletion of a right in Section III of the land register: 0.5 of the fee from the right to be registered. The amount of the fee results from § 34 GNotKG (Table B) and the corresponding Appendix 2.
• KV No. 14141 of Annex 1 to § 34 GNotKG: For the deletion of a joint right if the land register is kept at different land registry offices:
  The fee 14140 increases by 0.1 of the fee from the second for each further land registry involved.
  
  This provision applies if the application for several land registry offices is filed simultaneously with one land registry office or in the case of separate applications, if the applications are received by the land registry offices involved within one month.
• KV No. 14142: of Annex 1 to § 34 GNotKG: Registration of release from joint liability 0.3 of the fee from the right to be registered.
• KV NO. 14143 of Annex 1 to § 34 GNotKG : Fixed fee of EUR 25.00 for cancellation in other respects

• Application for cancellation
  The application must be submitted in writing to the land registry. The owner is entitled to file an application. The person whose right is to be extinguished may also submit the application. In most cases, applications for cancellation are submitted by the notary's office in connection with purchase or donation agreements.
• Cancellation authorisation or death certificate
  The beneficiary, e.g. of a usufructuary right, makes a declaration that the right can be deleted from the land register. The deletion must be expressly approved. The authorisation must either be declared before a notary public or the signature must be certified.
  If the beneficiary is deceased, please submit a death certificate with the application.

is to be requested from the responsible land registry office

Cancellation of encumbrances and restrictions in the land register

Land registry of the local court where the land register is kept