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Land register, GbR (partnership), change of partners

November 24, 2009 | 20,00 EUR | answered by Steffan Schwerin

The total assets of a GbR include a property. One partner has left the GbR, and a new one has joined. This has made the land register incorrect.
Is there a deadline by which an application for correction of the land register must be submitted to the land registry office, and are there any governmental/court sanctions if the application for correction of the land register is not submitted?

Steffan Schwerin

Dear questioner,

I will answer the questions you have posed, taking into account the circumstances described and your input, as follows:

The correction of the land register is the correction of the land register that is carried out ex officio (official correction, compulsory correction of the land register) or at the request of a party involved (claim for correction of the land register).

The correction of the land register is necessary when the actual legal situation of a property does not correspond to the entries in the land register (book status). The need for correction of the land register arises from the risk of acquiring in good faith or providing to a person with apparent entitlement.

There are no specific deadlines for this. Also, there are no administrative sanctions to fear. The right holder is more likely to harm himself if the correction request is not submitted.

The claim for correction of the land register is the claim of the holder of a property right according to §894 BGB, if his right is not correctly reflected in the land register, for example, if a wrong beneficiary is registered or his rightful right has been incorrectly deleted. - In this respect, the true right holder is at risk of losing his right due to the public faith effect of the land register (land register, public faith) and the possibility of a third party acquiring in good faith.

The claim for correction of the land register is not subject to limitation (§898 BGB).

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I hope I have given you an initial overview and my explanations are helpful to you. You are welcome to contact me through the follow-up option on this platform.

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Yours sincerely,

Steffan Schwerin
Lawyer

Law firm Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena

Tel.: 03641 801257
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Email: raschwerin@raschwerin.de

Website: www.raschwerin.de