Land charge
Application for a invalidation precedure of a land charge certificate
(German-English template)
Last updated: June 22, 2024
Governing law: Germany
When a land charge certificate ist gone lost and the lost land charge certificate has to be declared invalid, this docx sample can be useful.
Well-known in notarial practice is the "lost land charge certificate", which becomes virulent, for example, when a property is intended to be sold - not infrequently it is not the original owner, but the heirs who want to sell a property belonging to the estate and are confronted with the problem of the untraceable certificates. The lost letter threatens to considerably delay, if not thwart, the legal transaction.
In the case of the lost land charge certificate, the invalidation procedure comes into play - probably the most practically significant case of this procedure for notarial practice. However, there are also a number of other cases of application; in these other cases, the invalidation procedure often involves a more far-reaching exclusion on rights than the invalidation procedure for land charge certificates. For example, property owners or unknown creditors can be excluded from their legal position by means of the invalidation procedure. The law exclusively standardizes the cases in which a invalidation procedure can be carried out. The interference with (possibly) existing rights associated with the issuing of the exclusion order is limited to exceptional cases.
What all these cases have in common is that the legal system attaches importance to the practical need for legal clarity, which justifies the interference with existing legal positions. With the invalidation procedure , the law makes it possible to clarify the legal situation in a binding and, in principle, conclusive manner for everyone. At the heart of this procedure is the public notice: the request to the holder of the legal position concerned to register rights with the court by a certain date. Anyone who fails to register will have their rights excluded or restricted by a court order.
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