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.