Registering an authorized person to correct the land register
Description
You are a creditor of a claim and cannot execute against the right or property of the debtor because the debtor is not registered in the land register?
The land register is incorrect as a result of the non-registration of the beneficiary.
If you have an enforceable title against the debtor, you can file an application for land register correction under section 14 of the Land Register Code. This allows the debtor to be entered in the land register as the legal owner. Execution can be continued once the entry has been made.
- Enforceable title against the judgment debtor(s)
- Written application of the enforcement creditor
- The land register must be incorrect as a result of the lack of a prior entry of an enforcement debtor entitled in rem.
- The application pursuant to Section 14 GBO cannot replace any further authorizations, consents or declarations by third parties.
- Written request of the execution creditor
- Evidence that the land register is incorrect - registration consent of the person concerned or submission of the documents proving the incorrectness (in the form of Section 29 GBO - public or publicly certified documents)
- Enforceable title against the non-registered debtor
Dependent on registration as owner or holder of rights
- No. 14110 KV Annex 1 Court and Notary Costs Act in case of registration as owner
- No. 14120 KV Annex 1 Court and Notary Costs Act in case of registration as holder of a mortgage or land charge
Land registry office of the district court where the land register is kept.
Ministry of Justice Mecklenburg-Western Pomerania
17.11.2020
The text was automatically translated based on the German content.
38855 Wernigerode, Stadt
38842 Wernigerode, Stadt
Remark: It is not permissible to bring a legally effective action before a court, a public prosecutor's office or any other judicial authority of the state of Saxony-Anhalt by e-mail, to file applications, to lodge an appeal or to make other procedural declarations. In particular, no deadline is met! The delivery method by e-mail is therefore only suitable for non-form-bound messages. Further information on e-mail traffic and electronic legal transactions can be found under https://lsaurl.de/justizemail. The court's privacy policy can be found at https://lsaurl.de/agwrdsgvo.
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