Burdens and restrictions in the land register Deletion

The deletion of encumbrances or restrictions (e.g. easement, usufruct) in the land register is possible if the entitled person waives the exercise of the right.

The deletion of encumbrances or restrictions (e.g. easement, usufruct) in the land register is possible if the entitled person waives the exercise of the right.

If a person dies, in whose favour a right (for example, a right of residence) is registered in the land register, the deletion of this right can be requested by the owner of the property.

Deletion may also be requested if the right is subject to a condition or a time limit and the condition has occurred or the time limit has expired.

Land registry office of the district court in which the land register is kept

• Request for cancellation
• Deletion approval of the person affected by the deletion of the right
• Death certificate if the beneficiary has died

Application

The land register procedure is an application procedure. In the event of the death of the beneficiary or the waiver of the right, there is no automatic deletion by the Land Registry.

• Request for cancellation
  The application must be submitted in writing to the Land Registry. The owner is entitled to apply. The person whose right is to be deleted may also make the request. In the context of purchase or donation contracts, the requests for cancellation are in most cases made by the notary's office.
• Cancellation approval or death certificate
  The person entitled, for example of a usufruct right, makes a declaration that the right can be deleted from the land register. The deletion must be expressly authorized. The authorisation must either be declared before a notary or the signature must be certified.
  If the beneficiary has died, please submit a death certificate with the application.

is to be requested from the responsible land registry office

The amount of the fee results from the Court and Notary Costs Act (GNotKG):

• In case of deletion of a right in section III of the land register: 0.5 of the fee from the right to be registered.
• In case of deletion of a universal right, if the land register is kept at different land registries: The fee 14140 increases from the second for each additional participating land registry office by 0.1 of the fee. This provision shall apply if the application is submitted to a land registry office at the same time for several land registries or if the applications are submitted separately if the applications are received by the participating land registries within one month.
• Registration of release from joint detention 0.3 of the fee from the right to be registered.
• Fixed fee of 25.00 EUR for deletion