Deleting encumbrances and restrictions in the land register

• Application for deletion
  The application must be submitted in writing to the land registry. The owner is entitled to submit the application. The person whose right is to be deleted can also submit the application. In the case of purchase or gift agreements, applications for deletion are usually submitted by the notary's office.
• Deletion authorization or death certificate
  The beneficiary, e.g. of a usufructuary right, makes a declaration that the right can be deleted from the land register. The deletion must be expressly authorized. The approval must either be declared before a notary or the signature must be notarized.
  If the beneficiary is deceased, please submit a death certificate with the application.

Application

The land register procedure is an application procedure. In the event of the death of the entitled person or the waiver of the right, the land registry does not automatically delete the right.

• Cancellation request
• Cancellation authorization of the person affected by the cancellation of the right
• Death certificate if the beneficiary is deceased

• KV No. 14140 of Annex 1 to Section 34 GNotKG: For deletion of a right in Section III of the land register: 0.5 of the fee from the right to be registered. The amount of the fee results from § 34 GNotKG (Table B) and the corresponding Annex 2.
• KV No. 14141 of Annex 1 to Section 34 GNotKG: For the deletion of a universal right if the land register is kept at different land registries:
  The fee 14140 increases by 0.1 of the fee from the second for each additional land registry involved.
  This provision is applicable if the application is submitted to a land registry for several land registries at the same time or in the case of separate applications if the applications are received by the participating land registries within one month.
• KV No. 14142: of Annex 1 to § 34 GNotKG: Entry of release from joint liability 0.3 of the fee from the right to be entered.
• KV NO. 14143 of Annex 1 to § 34 GNotKG : Fixed fee of EUR 25.00 for deletion in other respects

can be obtained from the relevant land registry

• § Section 875 of the German Civil Code (BGB)
• § Section 19 of the Land Register Regulations (GBO)
• § SECTION 22 (GBO)
• § 29 GBO
• § 13 GBO
• KV 14140- KV14143 of Annex 1 to § 34 GNotKG

15.11.2020