Certificate of non-affectedness according to §1026 BGB - division of the servient property
A property that is divided into two or more parts can be exempted from the easement under certain conditions. If the easement is only limited to a certain area according to the land register, the parts of the property that lie outside this area are not affected by the easement. The land registry office will issue a certificate for this.
It is not always clear to the land registry or a notary which parts of the property are affected or not affected by easements, as the authorizations often refer to historical parcel designations. The land registry office can use its documents to determine which current parcels are affected by the easement. With a certificate (certificate of non-affectedness) issued as a result, 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 liens such as mortgages or land charges)
Who should I contact?
Responsible authorities
Niedersächsisches Landesamt für Geoinformation und Landesvermessung Niedersachsen (LGLN) - Regionaldirektion Oldenburg-Cloppenburg - Katasteramt Oldenburg
Requirements
Eligible applicants are:
- Notaries and notaries public,
- owners and purchasers,
- as well as purchasers.
Applications / forms
|
Forms available: No |
|
Written form required: No |
|
Informal application possible: Yes |
|
Personal appearance necessary: No Online service available: Yes |
|
Online service:Apply for a certificate of non-affectedness |
Which documents are required?
- Designation of the parcel of land concerned by means of the official postal address or cadastral designation with district, parcel and parcel number to which the certificate is to relate
- Designation of the right in the land register to which the certificate is to refer
- Current extract from the land register (if available)
- Copy of the authorization document with which the easement was agreed (if available)
What are the fees?
The certificate of non-affectedness 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).
Process flow
The aim of the procedure is to clarify which new parcels are actually affected by a land register right (section II of the land register) after a division. If a parcel of land is outside the area of the encumbrance, the deletion of the right or the unencumbered write-off can be applied for at the land registry with the certificate then issued:
- The application determines the current parcel to be examined on the one hand and the affected right in the land register on the other.
- The registration permit and the cadastral documents are used to determine which current parcels are affected by the right.
- The applicant is informed in writing of whether or not the right is affected in a certificate from the land registry office.
- If the right is not affected, the applicant can use the certificate from the land registry office to apply to the relevant land registry office for the deletion of the right on the investigated parcel of land or for unencumbered depreciation.
- Otherwise, the affected parties must work towards obtaining a deletion permit or release from liability from the person to whom the right is assigned.
What deadlines do I have to pay attention to?
None
Processing duration
Processing Time: 1 - 6 WeeksThe processing time is an approximate value. If further documents have to be requested from the land registry, the processing time may be longer.
What else should I know?
Appeal
No legal remedy (as no administrative act).
