Registering heritable building rights to several properties or heritable building rights

Service Description

The leasehold is the right to erect a building on land belonging to someone else, usually in return for payment of a so-called ground rent. A leasehold contract is concluded for this purpose, in which an individual ground rent is set for a limited term. The ground rent, which is usually payable annually, is generally subject to free agreement between the parties. A leasehold can be sold, inherited or mortgaged. Leaseholders can be local authorities, churches, foundations or private individuals.

A heritable building right can also be created on several properties or several heritable building rights (total heritable building right). When a heritable building right is created on one or more heritable building rights (known as a sub-heritable building right or total sub-heritable building right), the heritable building right holder passes on his building authorization. In principle, the properties concerned must be registered in the same land registry district for the

  • in the same land registry district and
  • in the same cadastral district and
  • directly adjoin each other.

This requirement may be waived by way of exception in the interest of economically viable arrangements if

  • the properties to be encumbered are close to each other and
  • the object of the heritable building right is a uniform building or a building with associated ancillary facilities on the plots of land to be encumbered or
  • the heritable building right is to be divided into residential or partial heritable building rights.

Entry in the land register is made by creating the heritable building right land register and entering the heritable building right in the land registers or encumbering the existing heritable building right by entering the sub-heritable building right by the competent land registry.

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

No competent authority found

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