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Certificate of non-involvement according to §1026 BGB - division of the serving property


A plot of land that is divided into two or more parts may, under certain conditions, be exempted from the easement. If, according to the land register, the easement is only limited to a certain area, the parts of the property that lie outside this area are not affected by the easement. For this purpose, the Land Registry Office will issue a certificate.

For the land registry or a notary, it is not always clear which parts of the property are affected or not affected by easements, because the permits often refer to historical parcel names. The Land Registry Office can use its documents to determine which current parcels are affected by the easement. With a certificate (certificate of non-concern), the land registry can write off the unaffected part of the property free of encumbrances.

The application of § 1026 BGB is limited exclusively to easements (i.e. rights in section II of a land register), not to rights registered in section III (no real estate liens such as mortgages or land charges)

Process flow

The aim of the procedure is to clarify which new parcels of land are actually affected by a land registry right (Section II of the Land Register) after a subdivision. If a parcel of land is outside the area of the encumbrance, the certificate issued can then be used to apply for the cancellation of the right, or the depreciation free of encumbrances, at the Land Registry:

  • On the one hand, the application determines the current parcel to be examined and, on the other hand, the right concerned in the land register.
  • On the basis of the registration permit and the cadastral documents, it is examined which current parcels of land are affected by the right.
  • This concern or non-concern is communicated in writing to the applicant in a certificate issued by the Land Registry Office.
  • If the applicant is not affected, the applicant can use the certificate from the cadastral office to apply for the cancellation of the right to the examined parcel or the depreciation free of encumbrances at the competent land registry office.
  • Otherwise, the persons concerned must work with the person to whom the right is assigned for a deletion permit or release from prison.

Competent authority

The excerpts are provided by the cadastral offices of the State Office for Geoinformation and Surveying of Lower Saxony (LGLN).

Requirements

The following are eligible to apply:

  • Notaries,
  • Owners,
  • as well as acquirers.

Which documents are required?

  • Name of the parcel concerned by means of an official postal address or cadastral designation with municipal area, parcel and parcel number to which the certificate is to refer
  • Identification of the right in the land register to which the certificate is to refer
  • Current excerpt from the land register (if available)
  • Copy of the deed of grant with which the easement was agreed (if any)

What are the fees?

The certificate of non-concern is subject to a fee. The fee is based on the Cost Regulations for Official Surveying (KOVerm). The amount of the costs is essentially based on the time spent (§ 4KOVerm: Billing according to time spent).

What deadlines do I have to pay attention to?

None

Processing duration

Processing Time: 1 - 6 Weeks
The processing time is an approximate value. If further documents have to be requested from the Land Registry, the processing times may increase.

Applications / forms

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance required: No

Online service available: Yes

Online Service: Applying for a Certificate of Non-Concern

Appeal

No legal remedy (since it is not an administrative act).

Comments

Information is also provided on the location of encumbrances on parcels of land that cannot be depreciated free of encumbrances according to §1026 BGB.

Technically approved by

Lower Saxony Ministry of the Interior and Sports, Department 44

Author

The text was automatically translated based on the German content.

competent Bodies


Niedersächsisches Landesamt für Geoinformation und Landesvermessung Niedersachsen (LGLN) - Regionaldirektion Oldenburg-Cloppenburg - Katasteramt Oldenburg

Data protection information


Landkreis Emsland
Address: Ordeniederung 1 , 49716 Meppen
Timetable
Postal address: Post Office Box 15 62 , 49705 Meppen
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Telephone: 05931 44-0
Fax: 05931 44-3621
Transport Connection:
Station Haltestelle Kreishaus
Bus: 993

Building Access
elevator available, wheelchair-accessible
bank account:
recipients: Landkreis Emsland
bank: Emsländische Volksbank
BIC: GENODEF1LIG
IBAN: DE26266600600120050000
recipients: Landkreis Emsland
bank: Sparkasse Emsland
BIC: NOLADE21EMS
IBAN: DE39266500010000001339
recipients: Landkreis Emsland
bank: Postbank Hannover
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IBAN: DE36250100300012132306

Ansprechpartner

Marc-André Burgdorf
responsible for:
Bernd Otten (Datenschutzbeauftragter)
Telephone: 05931 44-1605
Fax: 05931 44-391605
Room:
605
responsible for:

Landesbeauftragte für den Datenschutz Niedersachsen
Address: Prinzenstraße 5, 30159 Hannover
Timetable
Telephone: +49 511 12045-00
Fax: +49 511 12045-99

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)