Building encumbrances, list of building encumbrances
Service description
Easements are obligations under public law imposed on property owners to perform, tolerate, or refrain from certain actions regarding their property that are not already required by public law regulations. This enables the expansion of construction or use on another property.
Easements are established by means of a written declaration submitted to the building authority. The signature must be notarized or provided at a surveying office or before the building authority, or acknowledged before it.
The easements
take effect upon entry in the easement register, without prejudice to the rights of third parties. Easements remain in force even upon the sale of the property and are therefore also binding on legal successors.The building obligation is terminated by a written waiver from the building supervisory authority. The waiver must be declared if there is no longer a public interest in the building obligation. The obligated party and the beneficiaries of the building obligation should be consulted prior to the waiver. The waiver becomes effective with the deletion of the building encumbrance in the register of building encumbrances.
The register of easements is maintained by the building authority. Other obligations under building law that the property owner must perform, tolerate, or refrain from performing with respect to his or her property, as well as conditions, time limits, and reservations of revocation, may also be entered in the register of building encumbrances.
Any person
who demonstrates a legitimate interest may inspect the register of building encumbrances and obtain copies thereof.What documents are required?
Special information for the Fulda district- Declaration of encumbrances by the owner
- Proof of ownership of the property to be encumbered (current certified land registry extract)
- Site plan or easement map showing the area subject to easements
What fees apply?
Special information for the Fulda districtThe entry of easements in the easement registry costs 100 euros per entry. If land registry extracts are required, the corresponding costs will be charged to the applicant. A search of the easement registry costs 20 euros per parcel. The fee amounts are based on the Fulda District Building Inspection Fee Schedule.
Legal basis
- Municipal building inspection fee statutes