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Notation of property ownership rights in the land register

If you, as the owner of the property, have rights to another property (serving property) (e.g. an emergency right of way), you can have this noted in the land register of your property (controlling property).

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  • Detailed description

    If you, as the owner of the property, have rights to another property (serving property) (e.g. an emergency right of way), you can have this noted in the land register of your property (controlling property).

    The notation of property owner rights in the land register of the dominant property (so-called active notation) has the effect that the consent of the owner of the subjective-legal right is also required for the deletion of the right or for the entry of the change of content or change of rank of this right, § 21 GBO, because Subjective-legal rights are considered to be an integral part of the dominant plot of land in accordance with § 96 BGB.

  • Requirements
    • Written application by the owner of the dominant plot of land or anyone who has a right in rem in the dominant plot of land.

    You can only have the notation entered in the land register of the dominant plot of land in the case of the following real property rights

    • Easement according to § 1018 BGB
    • Subjective-legal right of first refusal according to § 1094 BGB
    • Subjective-legal real estate encumbrance according 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.

  • Documents

    Written application with designation of the right, indication of the dominant property and the servient property

  • Fees

    For the entry of the note: 50,00 € according to KV Nr. 14160 Annex 1 GNotKG

  • Process

    The endorsement shall be entered in the inventory of the land register of the dominant real estate. A note about the endorsement is entered on the land register sheet of the servient real estate.

  • Responsible authority

    The land registry of the district court in whose jurisdiction the property is located is responsible.

  • Legal basis
  • Approved

    Ministry of Justice Mecklenburg-Western Pomerania

  • Approved date
    17.11.2020