Real load
The real load ( lat. ONERA realia , plural. ) Is under German property law ( § 1105 BGB ) rights of a person or of the owner of a particular property, from a plot to demand recurring services.
These services need to (unlike mortgage and mortgage ) does not necessarily exist in the payment of money. Other services and benefits in kind are also possible. The real burden (unlike the easements ) does not lead to a direct right of use of the person entitled to the property. Rather, it is left to the obligated owner of the encumbered property how he generates the services required to meet the real load . The beneficiary may gratification through foreclosure on the land, under the rules for mortgage rates through a foreclosure or receivership looking for. However, he also has a personal claim against the owner during his ownership of the services .
The real burden arises from an agreement between the owner and the entitled party and from entry in the land register . It can be established by agreement as a transferable and inheritable right as well as non-transferable and inheritable.
In practice, the real burden is often used in connection with the old-age pension . The previous owner is already handing over the property to his successor during his lifetime, but secures his needs, which have been disputed from the property so far, through real loads in the form of B. on right of residence , benefits in kind, monthly annuity and care benefits.
In the case of real loads, value retention agreements are often made, for example indexing depending on the consumer price index . These are then covered by the real load and do not require any further protection.
Medieval real burdens include the following: labor and services, land interest (wurtzins), tithe , money and land rents (guilds, money, soft picture rent in urban areas), perpetual money and church interest prohibition ( canonical prohibition of usury ).
See also
- Certificate of harmlessness in the event of a change in the law on a property that has no negative effect on the person entitled to the real burden.
