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Certificate of non-concern according to §1026 BGB - Division of the serving property


A property that is divided into two or more parts can be exempted from the easement under certain conditions. 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 issues a certificate.

For the land registry office 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 designations. The land registry office can use its documents to determine which current parcels of land are affected by the easement. With a certificate issued as a result (certificate of non-impact), the land registry can depreciate 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 proceedings is to clarify which new parcels of land are actually affected by a land register right (Section II of the land register) after a split. If a parcel of land lies outside the area of the encumbrance, the cancellation of the right, or the depreciation free of encumbrances, can be applied for at the land registry office with the certificate then issued:

  • The application determines the current parcel of land to be examined on the one hand and the affected right in the land register on the other.
  • 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 to the applicant in writing in a certificate from the land registry office.
  • If the applicant is not affected, the applicant can apply to the competent land registry office for the cancellation of the right to the parcel under investigation, or for depreciation free of encumbrances, with the certificate from the land registry office.
  • Otherwise, the persons concerned must work towards a deletion permit or release from prison from the person to whom the right is assigned.

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?

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

What are the fees?

The certificate of non-concern is subject to a fee. The fee is based on the Cost Schedule 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 approximate. 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 no administrative act).

Comments

Information is also provided on the location of encumbrances on parcels of land that cannot be written off 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


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)