Change of content, change of priority, assignment, attachment of land mortgages

Prerequisites

• valid application

The land registry procedure is an application procedure. The application must be submitted in writing to the land registry office. The application can be submitted by the owner of the property or by the creditor of the right.

• declaration of approval

The change must be approved by the person concerned (registered creditor). This declaration must be notarized. The creditor must visit a notary for this purpose!

• pre-registration

The right to be changed must already be registered in the land register. The owner must also be visible in the land register.

Documents required

Application

• The person whose rights are benefited by the change (beneficiary) usually submits the application. However, the person who is legally disadvantaged by the entry (affected party) is also entitled to apply.
• The application must make it clear who is making the application and which law is to be changed and with what content.

consent declaration of the person concerned

• The express consent of the person who is directly affected by the change, i.e. the person who suffers a disadvantage as a result of the change, must be submitted.
• The permit must be submitted in public or publicly certified form. You can have the certification done by a notary.
• The requested change must be clearly formulated and consistent with the application.
• If a representative of a bank is acting or if there is some other representation, proof of authority to represent must be submitted in public or publicly certified form. For banks that have a seal, a seal with signature is sufficient.

proof of inaccuracy
If the change occurred outside the land register, for example through a contract or judgment, the land register becomes incorrect. In these cases, e.g. a change of company name or seizure, the inaccuracy must be proven by the relevant document in public or publicly certified form.
owner consent
If the rank of registered mortgages changes, the owners must also give their consent in a notarized form.
letter template
If the mortgage was registered as a deed of title, you must present the land charge or mortgage deed.

Please note

Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

No

Procedure

• Submit the application for a change of content, change of rank or correction to the responsible land registry office.
• Submit the person concerned's consent to registration in a publicly certified form.
• If the ranking of registered mortgages changes, the owner's consent is required. This declaration must be presented in a notarized form.
• The land registry office checks your documents.
• Missing documents will be requested.
• If all documents and requirements are met, the land registry office enters the change in the land register.
• You and the mortgage creditor will be informed of the entry.

Processing time

The processing time depends on the respective land registry office.

Fees

In most cases, half the fee is charged based on the value of the change (No. 14130 KV to the GNotKG). The amount is determined from Section 34 GNotKG (Appendix 2 Table B).

Legal remedies

In principle, an appeal can be lodged against any decision of the land registry office.

Legal basis

§ 13 Land Register Act (GBO)

§ 19 of the Land Register Act (GBO)

§ 27 of the Land Register Act (GBO)

§ 41 Land Register Act (GBO)

§ 42 of the Land Register Act (GBO)

§ 62 of the Land Register Act (GBO)

§ 1113 ff. German Civil Code (BGB)

§§ 1191ff. German Civil Code (BGB)

§ 34 Court and Notary Fees Act (GNotKG) Annex 2 Table B