Hamburg.com IASON page

Entry of a note of ownership in the land register

If you, as the owner of a property, have rights to another property (servient property), for example a right of way, you can have this recorded in the land register of your property (dominant property).

  •  

Detailed description

If you are the owner of a property and also have rights to another property, for example a right of way on the neighboring property, you can have this recorded in the land register of your property. In this context, your property is referred to as the dominant property and the property on which the right of way rests is referred to as the servient property.
The dominant property’s entry in the land register means that the consent, the so-called authorisation, of indirectly affected right holders is required if the right on the servient property

  • should be deleted,
  • Changes are made to the content of the law,
  • or the rank of that right is changed.

Those indirectly affected are those who have a real right to the dominant property, for example mortgage creditors, holders of usufruct or pre-emption rights.
The dominant note thus protects rights holders who have a real right (mortgage, land charge, usufruct, right of pre-emption) to the dominant property.

 

Information

Prerequisites

  • Written application by the owner of the dominant property or the person who has a real right to the dominant property, for example the creditor of a land charge
  • The right must be registered on the servient property beforehand or at the same time.
  • You can only have the note entered in the land register of the dominant property if you have the following property ownership rights:
    • easement according to the German Civil Code
    • Subjective-real right of preemption according to the German Civil Code
    • Subjective-real real burden according to the German Civil Code
    • ground rent according to the Leasehold Act
    • superstructure rent according to the German Civil Code
    • emergency pension according to the German Civil Code

Documents required

Written application with designation of the right, specification of the dominant property and the servient property

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 registration of the ownership note to the land registry office in whose land registry district your property is located.
  • The land registry office checks the requirements.
  • The note is entered in the inventory of the land register of the dominant property.
  • A note about the note is entered on the land register sheet of the servient property.
  • You will receive a notification about the registration.

Processing time

The processing time depends on the workload of the respective land registry office.

Fees

A fee of €50.00 will be charged for the entry of the note in accordance with KV No. 14160 Annex 1 GNotKG.

Find out your responsible facility

Angaben zur Zuständigkeit

Haven't found the right one yet?

To Hamburg Service startpage

Keywords: sovereign's note

Last updated: 05.02.2025