Land Register; Application for Cancellation of Usufruct, Right of Occupancy and Reverse Conveyance Notices
Lifetime rights expire upon the death of the beneficiary and may be cancelled at the request of the owner of the land.
Description
If a person dies in whose favor a right is registered which, like a usufruct or a housing right, is limited by law to the lifetime of the beneficiary, this right expires. The cancellation of the right can then be applied for by the owner of the property.
Prior notice of reconveyance secures the claims of sellers, for example, to the reconveyance of a plot of land. Such priority notices of reconveyance are often found in combination with a usufruct and a right of occupancy, for example, if a property is transferred as part of anticipated succession and the transferor is granted a right of occupancy or a usufruct to the property.
Prerequisites
The cancellation of a usufruct, a right of residence or a priority notice of reconveyance can be applied for at the land registry upon presentation of the death certificate. The following must be observed:
- Usufruct
An immediate cancellation of a usufruct can only take place if a so-called cancellation facilitation clause ("cancellable with proof of death") is entered with the right. Without this clause, deletion is only possible after the expiry of one year from the date of death or if a deletion approval of all heirs in publicly certified form and proof of inheritance are submitted (see the notes under Land Register Adjustment after Inheritance).
- Housing right
As a rule,housing rights can be cancelled immediately without further ado on presentation of proof of death.
- Reverse ConveyanceNotice
In the case of reverse conveyance notices, the specific provision of the purchase or transfer agreement is decisive. The deletion of a re-conveyance priority notice can only be applied for without further ado if the priority notice was expressly limited to lifetime in the contract. If this is not the case, use the contract to ascertain whether a power of attorney to issue a deletion authorization was granted there. If this is the case, please contact the (notarizing) notary. In all other cases, the consent of all heirs in publicly certified form and proof of inheritance are required for cancellation.
Status: 15.11.2022
Responsible for editing: Bayerisches Staatsministerium der Justiz
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