Notation of landowner rights in the land register
Description
If you, as the owner of the land, have rights to another plot of land (servient land) (e.g. a right of way), you can have this noted in the land register of your land (dominant land).
The effect of noting landowner's rights in the land register of the dominant plot of land (so-called active notation) is that the consent of the holder of the subjective-legal right is also required for the deletion of the right or for the entry of the change in the content or ranking of this right, § 21 GBO, because subjective real rights are deemed to be an integral part of the dominant real property pursuant to Section 96 of the Civil Code.
- Written application by the owner of the dominant land plot or anyone who has a right in rem to the dominant land plot.
You can have the notation entered in the land register of the dominant land plot only in the case of the following land plot owner rights:
- easement according to § 1018 of the Civil Code
- Subjective-legal right of first refusal according to § 1094 BGB
- Subjective-legal real estate encumbrance pursuant to § 1105 BGB
- Ground rent according to § 9 ErbbauRG
- Superstructure annuity according to § 914 BGB
- emergency annuity according to § 917 BGB.
The right must be registered on the servient real estate before or at the same time.
Written application with the designation of the right, the indication of the dominant land plot and the servient land plot
For the entry of the note: 50,00 € according to KV No. 14160 Annex 1 GNotKG
Contact the Land Registry.
The note shall be entered in the land register of the dominant land plot. A note about the endorsement shall be entered on the land register sheet of the servient real estate.
Ministry of Justice Mecklenburg-Western Pomerania
17.11.2020
The text was automatically translated based on the German content.
39104 Magdeburg, Landeshauptstadt
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