Request for Deletion

The application for cancellation is the formal request submitted to the Land Registry to remove an entry from the land register-typically a land charge, mortgage, priority notice, or easement. Together with the authorization for cancellation (consent of the entitled party), it forms the legal basis for the removal of a land register entry. Without a properly executed application for deletion, the Land Registry cannot proceed with the deletion; the application must be submitted in a publicly certified form or through a notary.

Requirements for the Application for Deletion

Pursuant to § 13 GBO (Land Registry Act), applications for deletion may be filed by any entitled party, specifically the owner or the registered creditor. For an application to be valid, the signature must be notarized-a service provided by notaries. In practice, many banks issue their customers with a deletion authorization after full loan repayment, which already contains all necessary documents and can be submitted directly to the land registry office.

The application must contain the following information: the land registry office and its designation, the land registry number (page), the section of the land registry (for land charges: Section III), and the serial number of the entry to be deleted, as well as the name and address of the applicant. If any of this information is missing or incorrect, the land registry office will reject the application-which costs time and, under certain circumstances, additional notary fees. Owners can submit the application themselves; however, it is often recommended to involve a notary to avoid formal errors.

Common Use Cases

Applications for cancellation are submitted in the following situations: after full repayment of a real estate loan (discharge of a land charge or mortgage), after fulfillment of a priority notice of conveyance (automatically upon transfer of ownership), after the expiration of an easement (e.g., right of way that was contractually agreed to be terminated), as well as in cases of erroneous entries in the land register that must be corrected.

In the settlement of purchase agreements, the notary handles the cancellation of existing encumbrances as part of the purchase price settlement. The notary coordinates the interplay between the payment of the purchase price, the redemption of the land charge, and the transfer of ownership in such a way that all parties involved are protected. Buyers receive the land register free of encumbrances; sellers receive the purchase price minus the redemption of their remaining loan balance.

Application for Deletion of Easements and Rights of Way

In addition to the deletion of land charges, the application for deletion is also used for other land registry entries. Rights of way, utility rights, residential rights, or usufruct rights can be removed from the land registry upon expiration (e.g., due to the death of the entitled party or contractually agreed termination). In such cases, a cancellation authorization from the beneficiary is required or, in the event of death, a corresponding certificate of inheritance or executor’s certificate. The process is similar to that for land charges: have the authorization issued, draft the application, and submit it to the land registry office.

Practical Tip for Property Owners in Nuremberg and Franconia

In Nuremberg and the Franconia metropolitan region, most property owners handle deletion applications through the certifying notary-this is the safest and fastest method. If your bank issues a deletion authorization, check to ensure it contains all required information (land registry page number, section, serial number of the entry). Missing or incorrect information will result in the Land Registry rejecting the application and delaying the process.

Our tip: Have the notary handle the entire process-the additional costs are minimal and save you the hassle of dealing with bureaucracy. Especially if a sale is scheduled, it’s worth engaging the notary in advance and factoring in the Land Registry’s processing times (typically 4-8 weeks in Bavaria) when planning your timeline.

Frequently Asked Questions

Can I submit the application for cancellation to the Land Registry myself?

Yes, provided your signature is notarized. You can go to a notary, have your signature notarized, and then submit the application directly to the Land Registry. In many cases, however, the notary will handle this entirely for you, which is usually faster and more error-free.

What is the difference between an application for cancellation and a cancellation authorization?

The cancellation authorization is the creditor’s (e.g., the bank’s) declaration of consent that the land charge may be canceled. The application for cancellation is the formal request to the Land Registry to actually carry out the cancellation. Both documents are submitted together to the Land Registry.

How much does an application for cancellation cost at a notary?

The notary fee for certifying the application for cancellation is based on the value of the land charge to be canceled. For a land charge of €200,000, notary fees of approximately €100-200 plus land registry fees of approximately €200-400 are to be expected. The exact fee schedule is governed by the GNotKG.

How long does a land registry entry remain visible after the application for cancellation is filed?

The entry remains in the land register until the cancellation is finalized. Once finalized, the entry is redacted by the land registry office (electronically: marked as deleted) and is no longer valid. In the machine-maintained land register, deleted entries remain visible to authorized parties but are clearly marked as deleted.

What is the difference between a land charge and a mortgage when filing an application for deletion?

When filing an application for deletion, the distinction between a land charge and a mortgage is important: A mortgage automatically expires when the secured claim is settled-it becomes what is known as an owner’s land charge. The land charge, on the other hand, is not accessory, meaning it is independent of the secured claim. It does not expire automatically upon loan repayment but must be explicitly deleted. For this reason, banks issue a deletion authorization for the land charge after a loan has been fully repaid. Failure to cancel a paid-off land charge does not cause immediate harm, but it can lead to problems during the next sale or when taking out a new loan-which is why prompt cancellation is recommended.

Application for Cancellation in the Event of Inheritance

If the creditor holding the land charge (e.g., a bank) dies, the land charge passes to its legal successor. If the property owner dies, the heirs assume their role and may file the application for cancellation. In the event of inheritance, a certificate of inheritance or a notarized copy of the will (with the opening protocol) must be attached to the application for cancellation to prove legal succession. The land registry office will not accept an application for cancellation without proof that the applicant is indeed entitled to do so. In practice, we recommend that heirs, in cases where there are multiple co-heirs (community of heirs), engage a notary to coordinate the entire process-including the certificate of inheritance, transfer of title in the land registry, and, if necessary, the removal of encumbrances.

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