Permit (land register)
Under a grant (actually entry permit ) are understood in German Grundbuchrecht the front of the entry in the land register outspoken consent of the of this entry affected .
General
In order to acquire a right to a property or a right to the same property (e.g. ownership when purchasing a property), the parties involved must meet several requirements. First, the required material Grundbuchrecht , is that the transferor to the transferee on the transfer of ownership to § 925 para. 1 BGB agrees ( conveyance ) and here on be made an entry in the Land Register has ( § 873 para. 1 BGB). The formal land register law of the land register regulation (GBO) in turn requires that an entry in the land register can only be brought about by an application for entry ( § 13 para. 1 GBO) and a permit ( § 19 GBO). While the application can be made by the buyer or the seller, approval may only be given by the seller concerned (his property rights will be affected by the sale).
Consensus principles
Since the change in the law is based on a land purchase contract in the example , the land registry also checks the legal validity of the agreement in rem by providing evidence of conveyance ("material consensus principle") in accordance with Section 20 GBO . In the case of all other changes in the law, such as encumbrances due to liens , the land registry only checks the existing permit. The principle of unilateral approval (only the person concerned has to approve the entry) is also called the "formal consensus principle". The purpose of this regulation is to simplify the land registry, because the land registry does not have to check the legal situation as such, but can limit itself to checking the formal requirements, in particular the permit.
shape
While the application as such does not require any special form , the approval must be publicly certified in accordance with Section 29 (1) GBO ; the public certification does not necessarily have to be carried out by a notary, but can also be carried out by a local authority, depending on / specific to the country. The land registry checks compliance with the formal and content requirements prior to registration. Insofar as the right with which a property is encumbered is specified in more detail in the registration permit, reference can be made to the registration permit in accordance with Section 874 of the German Civil Code (BGB). In this case, the right is only briefly described in terms of its essential essence in the land register itself. The details can then be found in the registration permit referred to.
species
The registration permits include the so-called correction permit (consent to the correction of the land register ) and the deletion permit , which leads to the deletion of a right. The person affected by a deletion authorization is the holder of the right to be deleted, i.e. the lender in the case of mortgages .
Individual evidence
- ^ Johann Demharter , Land Register Regulations , 25th edition, Munich 2005, ISBN 3-406-53040-0 , § 19 Rn. 1
- ^ Johann Demharter, Land Register Regulations , 25th edition, Munich 2005, § 19 Rn. 1
- ^ Johann Demharter, Land Register Regulations , 25th edition, Munich 2005, § 19 Rn. 18th
- ^ Johann Demharter, Land Register Regulations , 25th edition, Munich 2005, § 27 Rn. 20th
