Land register correction claim
A land registry rectification claim exists when a registration in the land register not with the real ( physical matches) Legal. The inaccuracy of the land register hinders the true owner of a right to be registered in the exercise of his right and there is a risk of losing his right by acquiring a third party in good faith due to the public belief of the land register . This is to be prevented by restoring the correctness of the land register with the help of the land register correction claim.
A correction must be made within the framework of § 894 BGB (material law) and not § 22 GBO ( formal law ) if the allocation plan does not match the structural design (i.e. if an entry in the land register does not reflect the real (material) legal situation agrees), if necessary in the form of legal action if a notarial agreement with the other parties involved is not possible.
Incorrect land register
An inaccuracy of the land register can result when existing rights (for example the property , limited real rights as easements or mortgages or a flag ) or not with an incorrect contents are registered, if not existing rights are registered, if not more existing rights not deleted are or if the correct holder of rights is not registered. For example, an inaccuracy can arise through the entry of an incorrect entitled person as a result of an incorrect certificate of inheritance .
claim
The right to the correction of the land register is available to those whose rights are impaired by the incorrectness of the land register, e.g. the true holder of the rights if a wrong entitled person is entered and the owner or the holder of a subordinate right if a non-existent encumbrance is entered. The opposing party is the person in whose favor the right to which the claimant is entitled has been entered or in whose favor there has been an entry that affects the claimant's rights.
enforcement
The easiest way to correct the land register is if the true beneficiary can prove his legal status by means of public or publicly certified documents. Then in Germany you can simply apply to the land registry to correct the land register in accordance with Section 22 Land Register Regulations. The land registry is also obliged to provide information about the fees incurred, but in practice this information is not provided as part of the processing of an application and can then be approved by the applicant, but is only independent of the application via a fee schedule or information from the person concerned Place to learn.
If such proof is not possible, the true entitled person in Germany has a right to consent to the correction of the land register against the person who identifies the land register as the entitled person (right to amend the land register; this often corresponds to a claim to surrender from unjust enrichment) in accordance with § 894 BGB . The claim can be fulfilled without litigation if the wrongly registered person submits the registration permit required to correct the land register in the required form. If this does not happen, the true beneficiary must assert the right to correct the land register by filing a lawsuit. The final judgment then replaces the registration permit as a requirement under land register law for the entry of the true legal content in the land register.
The right to correct the land register is not subject to the statute of limitations according to § 898 BGB. As a temporary safeguard, an objection to the correctness of the land register can be entered according to § 899 BGB .
See also
literature
- Clemens Stewing, History of the Land Register, in: Rpfleger (Der Rechtspfleger) 1989, pp. 445–447
- on history and international comparison: Walter Böhringer, in: Georg Meikel / Horst Bestelmeyer: Grundbuchrecht, Vol. I, 9th edition, Munich 2004, p. 1 ff. ISBN 3-472-04533-7
- Josef Rieder, Stefan Rieder: Reservation and objection in real estate transactions . Deutscher Sparkassen Verlag, Stuttgart 5 2005, ISBN 3-09-305337-4
