Vermerk von Grundstückseigentümerrechten im Grundbuch
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If you as the property owner have rights to another property (servient property) (e.g. a right of emergency access), you can have this noted in the land register of your property (dominant property).
If you, as the property owner, have rights to another property (servient property) (e.g. a right of emergency access), you can have this noted in the land register of your property (dominant property).
The entry of landowner rights in the land register of the dominant property (so-called active entry) means that the consent of the holder of the subjective right in rem is also required for the deletion of the right or for the entry of the change in content or ranking of this right, § 21 GBO, because subjective rights in rem are considered an integral part of the dominant property in accordance with § 96 BGB.
Written application with designation of the right, indication of the dominant property and the servient property
- Written application by the owner of the dominant property or anyone who has a right in rem to the dominant property
You can only have the note entered in the land register of the dominant property in the case of the following property ownership rights:
- Easement according to § 1018 BGB
- Subjective right of first refusal in accordance with Section 1094 BGB
- Subjective real burden in accordance with § 1105 BGB
- Ground rent according to § 9 ErbbauRG
- Superstructure rent according to § 914 BGB
- Notweggrente according to § 917 BGB.
The right must be registered on the servient property before or at the same time.
The note is entered in the inventory of the land register of the controlling property. A note about the annotation is entered on the land register page of the servient property.
Land registry office of the local court where the respective land registers are kept