Lasten und Beschränkungen im Grundbuch Löschung

The deletion of loads or restrictions (e.B. basic serviceability, usufrucation) in the land register is possible if the entitled person waives the exercise of the right.

The deletion of loads or restrictions (e.B. basic serviceability, usufrucation) in the land register is possible if the entitled person waives the exercise of the right.

If a person dies for whom a right (e.B. a residence right) is registered in the land register, the cancellation of that right may be requested by the owner of the property.

Cancellation may also be requested if the right is bound by a condition or a time limit and the condition has occurred or the time limit has expired.

• Request for cancellation
• Authorisation to delete the person affected by the cancellation of the right
• Death certificate if the beneficiary has died

application

The land register procedure is an application procedure. In the case of the death of the entitled person or the rightor or the renunciation of the right, no automatic deletion by the Land Registry shall take place.

• 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: In the case of cancellation 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 additional land registry involved.
  This provision is applicable if the application for several land registry offices is submitted to one land registry office at the same time, 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 25,00 EUR in case of cancellation in other respects

• Application for cancellation
  The application must be submitted in writing to the land registry. The owner is entitled to file the application. The person whose right is to be extinguished may also file the application. In the context of purchase or donation agreements, the request for cancellation is usually submitted by the notary's office.
• Cancellation authorization 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 authorized. The authorization 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.

must be contacted by the competent Land Registry

Deletion of encumbrances and restrictions in the land register

Land Registry office of the district court where the land register is kept