Eintragung des Erbbauberechtigten berichtigen lassen

You can apply for the correction of the heritable land register if there is a land register inaccuracy.

You can apply for the correction of the heritable land register if there is a land register inaccuracy. This is the case if the person entitled to the heritable building has changed and the true heritable building owner does not yet result from the heritable building land register, as e.B. in the case of an inheritance. This does not cover cases in which only a name change has occurred (e.B. by marriage).

With the application, further documents must be submitted to the responsible land registry office. If the land registry office considers the land register inaccuracy to be proven, the land register entry will be corrected accordingly.

• written application for registration, if applicable. in publicly notarized or publicly certified form, if the application also contains the consent of the true heritable building owner (see below)
• publicly certified registration permit of the person wrongly registered as a heritable building owner (so-called book owner) or
  Proof of inaccuracy by public or publicly certified document
• publicly notarized or publicly certified consent of the true heritable building owner to be registered or the true heritable building owner to be registered , or
  proof of inaccuracy by public or publicly certified document , or
  Application of an enforcement creditor, the holder of an enforceable title against the true beneficiary is together with the submission of the corresponding title and proof of the land register inaccuracy by public document

For the correction of the heritable building land register, a request for correction must be made by you or the notary notary. The correction of the registration of the heritable building owner takes place if all necessary documents have been submitted in due form and there are no grounds for refusal.

(as of November 2020)

min. EUR 15 – max. EUR 26,585 (with a maximum business value of EUR 60,000,000):
For the corrective registration of a heritable building owner or a heritable building owner, a full fee is generally charged by the land registry office. The specific fee amount depends on the business value (value of the heritable building right).

However, the fee for registration is not charged if the heir or heirs of the registered heritable building owner submits or submits the application for registration to the land registry office within two years of the succession.

In addition to the costs for the activity of the land registry office, also costs for the activity of the notary according to the Court and Notary Costs Act (GNotKG) are incurred. Please ask the notary in your case for the amount of the notary's fees.dem from the notary working in your case. Information and examples of notary costs can also be found on the website of the Federal Chamber of Notaries (see link for further information).

You must apply for registration at the Land Registry. If any registration documents are to be certified or notarized by the notary for the registration of the correction, he or she will usually apply for correction at the land registry office.

• The documents required for registration are checked by the competent judicial officer at the land registry office.
• If documents are not available in full or in due form, the competent judicial officer will inform the notary in writing and request the submission of the missing documents or the formal (publicly certified or notarized form) documents.
• If all the necessary documents are available, the competent judicial officer will correct the land register entry.
• The registration will be made known to the notary submitting the application .dem and to you with the registration notification.
• In principle, you will receive an invoice from the Land Registry. However, in the case of the request for correction by the heir or heirs described in more detail in the "Costs" module, the fee will not be charged.

individually, depending on the encumbrance situation of the responsible land registry office as well as the time when all necessary documents are formally available to the land registry office

• Land register entry Heritable building right Correction
• Correction of the heritable building owner is carried out by the land registry office
• all requirements must be met
• all necessary documents must be submitted to the Land Registry in due form
• responsible: Land registry office at the district court where the heritable land register is kept

Contact the Land Registry.