Prerequisites
The land registry procedure is an application procedure. If the entitled person dies or waives the right, the land registry office does not automatically delete the property.
Documents required
- deletion request
- The application must be submitted in writing to the land registry office. The owner is entitled to apply.
- The person whose right is to be deleted can also submit the request.
- A commissioned notary may also submit the application.
- The request must specify precisely the right to be deleted and it must be clear who is making the request.
- deletion authorization
- The holder of the right, for example of a usufruct right, must make an explicit declaration that the right can be deleted from the land register.
- This declaration, called consent, must either be made before a notary or the signature must be notarized.
- Death certificate and authorization of the legal successor or waiting year
- If the right holder has died and the right was limited to his or her lifetime, please submit the death certificate of the right holder with the application.
- In some cases, the consent of the legal successor (for example, heirs) must be submitted if you want to delete the right immediately after the death of the right holder. After one year, the consent of the legal successor is no longer required.
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
A right which is limited to the lifetime of the right holder may only be cancelled after his death with the consent of the legal successor (for example, heirs) if the cancellation is to take place before the expiry of one year after the death of the entitled party.
The consent of the legal successor is not required if a so-called cancellation facilitation note is entered in the land register. The same applies to rights that expire when the rights holder reaches a certain age or when another specific point in time or event occurs.