Land charge
Creation of a land charge
(German-English template)
Last updated: June 16, 2024
Governing law: Germany
This docx-Word sample contains a template for a bilingual German-English land charge order. The template is available for you to download.
The following clause headings are included in the bilingual template:
I. Land register status
II. creation of land charge
III. submission to immediate execution
IV. Personal liability
V. Land register declarations
What must be observed when creating a land charge?
Theoretically, a land charge can be created informally. In practice, however, the creation of a land charge is usually notarized. One of the reasons for this is that the owner of the property usually declares submission to immediate enforcement when the land charge is created. Notarization is required by law for this.
The creditor in whose favor the land charge is created (e.g. the bank) usually requires the submission of such a declaration because the immediate submission of the owner to compulsory enforcement enables him to proceed immediately by way of compulsory enforcement without first having to file a - sometimes very lengthy - action for toleration of compulsory enforcement.
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