Land registry - cancellation of rights in the land register
- Bauen und Wohnen
- Bauen und Immobilien
Rights registered in the second and third sections of the land register shall be cancelled only upon request.
Basic information
The deletion is made in the land register in such a way that in the column "Deletions" the serial number of the right, in the third section additionally the amount of the right, as well as the note: "Deleted on ..." is written. The right itself is crossed out in red or underlined.
Requirements
To cancel a right, an application is always required from a person entitled to file an application (usually the property owner) and an authorization from the entitled person(s) or creditor(s).
In exceptional cases, it is sufficient to submit a death certificate of the entitled person(s).
What documents do I need?
- Request deletion
A written request is sufficient for the cancellation of a right in the Second Department (no notarial signature certification is required). An e-mail does not comply with the written form requirement.
You can use the form under "Forms".
As a rule, a property owner submits the application. It would also be conceivable for the person entitled to the right to file the application him/herself.
For the cancellation of a right in the Third Division, the application of all land owners affected by the right must be submitted at least with signature certification.
For this purpose, please consult a notary of your choice!
- Cancellation permit
The cancellation authorization of the beneficiary of a right in the Second Division or the creditor of a right in the Third Division must always be submitted in a public or publicly certified document.
Entitled persons or creditors must contact a notary of their choice for this purpose.
Credit institutions as creditors of a right in the Third Division will provide you with corresponding deletion authorizations in the required form.
- Death certificate
In certain cases, a right that is limited to the lifetime of a beneficiary can be cancelled by presenting a death certificate.
This must then be presented in the original or as a certified copy.