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Have burdens and restrictions deleted from the land register

The deletion of burdens or restrictions in the land register is possible if the entitled person waives the exercise of the right, dies or consents to the deletion.

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Detailed description

The deletion of burdens or restrictions (for example rights of way, rights of way, usufruct, residential rights, housing rights, real burdens, easements) in the land register is possible if the entitled party waives the exercise of the right.
If a person dies in whose favour a right (for example a right of residence) is registered in the land register and the right is limited to the lifetime of the person, the owner of the property can apply for the cancellation of this right.
Deletion can also be requested if the right is subject to a condition or a time limit and the condition has been met or the time limit has expired.

 

Information

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.

Procedure

  • Submit the application for entry for deletion of the right in your land register to the land registry office responsible for you.
  • Submit your registration authorization in public or publicly certified form. You can have the certification done by a notary.
  • Please attach all other required documents to the application.
  • The land registry office will check your documents and request additional documents if anything is missing.
  • If all documents and requirements are met, the land registry office enters the deletion in the land register.
  • You will be informed about the registration.

Processing time

The processing time depends on the individual case and the workload of the land registry office.

Fees

Fixed fee: 25.00 EUR

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Keywords: Remove rights from land register Delete encumbrances from the land register Delete rights in the land register delete easements delete rights of way delete real burdens delete housing rights delete residential rights delete line rights delete sneezing

Last updated: 05.02.2025