The land charge is after German thing right the material right to demand from a property the payment of a certain money.

General information

The land charge is registered as material right in department III of the land register. Contrary to Hypotheken are not land charges accessory, but abstractly i.e. they are bound not to the existence of a certain demand (for example a certain loan) and can be transferred for itself alone. Therefore land charges can serve not only for individual demands, but also for several, also future commitments as safety device. Apart from the actual amount of land charge the material interest and the additional service are registered.

Furthermore it is usual that the respective owner submits in accordance with "§ 800 ZPO of the immediate execution into property. Thus the execution is possible into property, without a judgement is necessary before. This applies also during a transmission of property.

Besides usually also a subjecting of the immediate execution takes place into the entire fortune at height of the amount of land charge and the additional service; from this document the execution can come in accordance with "§ 794 paragraph 1 number 5 ZPO, without for this a judgement is necessary, in this case however exclusive against the person, who submitted. It takes place thus no extending to a new owner.

Despite the legal independence of the land charge as material right of a loan as personal requirement in practice most land charges are used for the provision of security of loans and credits. Land charge and loans are then connected by the safeguard agreement. After the repayment everything by the land charge besicherten loans develops from the safeguard agreement a requirement for restitution. This requirement is the right to reassignment of the land charge, the right to renouncement by the as well as the right to In practice this requirement is mostly limited by the credit institutes to the requirement to

One differentiates:

• Letter land charge, for which a land charge certificate (of federal printering) is issued;
• Book land charge, for a letter is not issued and
• Owner land charge.

Owner land charge

An owner land charge is after German thing right a land charge, which is registered into the land register on the name of the property owner. This is possible, since inevitably a personal does not have to stand for a land charge in relation to demand, as for instance with the mortgage the case is.

A goal of the entry of an owner land charge can be it for example of securing itself a higher rank place for a later raising of credit. In addition, by donation or inheritance of the original credit giver an owner land charge can develop.

Literature

• Clemens Clemente: Quite the safeguard land charge. RWS publishing house communication forum GmbH 1999, ISBN 3-8145-8129-6
• Wolfgang smoke: Land charge and mortgage. C.H. Beck 1998, ISBN 3-4064-4428-8
• Heinz Gaberdiel: Credit safety device by land charges. German savings bank publishing house 2004, ISBN 3-09-301440-9

Related links

• "§ 1191 BGB
• "§ 1192 BGB
• "§ 800 ZPO
• Further information and cases to the land charge under

see also

Comparable Rechtsinstitut is in Switzerland the Schuldbrief according to kind 842 FF. ZGB (civil code).

Articles in category "Land charge"

We found here 12 articles.

Related Websites

We found here 5 related websites.

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• Local Land Charges
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• What is a Local Land Charge
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