Nichtbetroffenheitsbescheinigung nach §1026 BGB - Teilung des dienenden Grundstücks

If there is a localized right on a property (e.g. right of way) and this property is divided, it can be certified that this right only applies to certain partial areas, while other areas of the property are not encumbered.

A property that is divided into two or more parts can be exempted from the easement under certain conditions. If the easement is only limited to a certain area according to the land register, the parts of the property that lie outside this area are not affected by the easement. The land registry office will issue a certificate for this.

It is not always clear to the land registry or a notary which parts of the property are affected or not affected by easements, as the authorizations often refer to historical parcel designations. The land registry office can use its documents to determine which current parcels are affected by the easement. With a certificate (certificate of non-affectedness) issued as a result, the land registry can write off the unaffected part of the property free of encumbrances.

The application of § 1026 BGB is limited exclusively to easements (i.e. rights in section II of a land register), not to rights registered in section III (no liens such as mortgages or land charges)

• Designation of the parcel of land concerned by means of the official postal address or cadastral designation with district, parcel and parcel number to which the certificate is to relate
• Designation of the right in the land register to which the certificate is to refer
• Current extract from the land register (if available)
• Copy of the authorization document with which the easement was agreed (if available)

Eligible applicants are:

• Notaries and notaries public,
• owners and purchasers,
• as well as purchasers.

The certificate of non-affectedness is subject to a fee. The fee is based on the cost regulations for official surveying(KOVerm). The amount of the costs is essentially based on the time spent(§ 4KOVerm: Billing according to time spent).

The aim of the procedure is to clarify which new parcels are actually affected by a land register right (section II of the land register) after a division. If a parcel of land is outside the area of the encumbrance, the deletion of the right or the unencumbered write-off can be applied for at the land registry with the certificate then issued:

• The application determines the current parcel to be examined on the one hand and the affected right in the land register on the other.
• The registration permit and the cadastral documents are used to determine which current parcels are affected by the right.
• The applicant is informed in writing of whether or not the right is affected in a certificate from the land registry office.
• If the right is not affected, the applicant can use the certificate from the land registry office to apply to the relevant land registry office for the deletion of the right on the investigated parcel of land or for unencumbered depreciation.
• Otherwise, the affected parties must work towards obtaining a deletion permit or release from liability from the person to whom the right is assigned.

None

No legal remedy (as no administrative act).

The extracts are provided bythe cadastral offices of the State Office for Geoinformation and Land Surveying of Lower Saxony (LGLN).

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance necessary: No

Online service available: Yes

Online service:Apply for a certificate of non-affectedness