Grundbuch: Berichtigung des Berechtigten beantragen

Registering a beneficiary to correct the land register

Are you the creditor of a claim and cannot enforce the right or property of the debtor because he/she is not entered in the land register?

The land register is incorrect due to the non-entry of the entitled party.

If you have an enforceable title against the debtor, you can submit an application for correction of the land register in accordance with § 14 of the Land Register Code. This allows the debtor to be entered in the land register as the legal holder or owner. Upon entry, enforcement can be continued.

• Written application by the enforcement creditor
• Proof that the land register is incorrect - registration consent of the party concerned or submission of the documents providing proof of the incorrectness (in the form of § 29 GBO - public or publicly certified documents)
• Enforceable title against the non-registered debtor

• Enforceable title against the judgment debtor
• Written application by the enforcement creditor
• The land register must be incorrect due to the lack of a prior entry of an enforcement debtor entitled in rem.
• No further authorizations, consents or declarations by third parties can be replaced by the application pursuant to Section 14 GBO.

Depending on the registration as owner or holder of rights

• No. 14110 KV Annex 1 Court and Notary Costs Act for registration as owner
• No. 14120 KV Anlage 1 Gerichts- und Notarkostengesetz (Court and Notary Costs Act) if registered as holder of a mortgage or land charge

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

- The documents required for registration are checked by the responsible judicial officer at the land registry.

- If documents are not complete or not in the correct form, the competent judicial officer will inform the notary or you in writing and request the submission of the missing documents or documents in the correct form (publicly certified or notarized form).

- If all the necessary documents have been submitted, the responsible judicial officer will make the correction to the land register entry.

- The notary submitting the application and you will be notified of the completed entry with the registration notification.

- You will generally receive an invoice from the land registry. However, the fee is waived in the case of an application for rectification by the heir(s) as described in more detail in the "Costs" module.

individually, depending on the encumbrance situation of the responsible land registry and the time at which all required documents are submitted to the land registry in the correct form

Appeal against decisions of the land registry pursuant to § 71 GBO

Registering a beneficiary to correct the land register

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