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Book 3 · Law of property  ›  Division 6 · Charges on land › Section 1109

Division of the dominant plot of land

(1) If the plot of land of the person entitled is divided, then the charge on the land continues in existence for the individual parts. If the performance is divisible, then the shares of the owners are determined in the relationship of the size of the parts; if it is not divisible, then the provisions of section 432 apply. In case of doubt, the exercise of the right is permissible only in such a way that it does not become more burdensome for the owner of the encumbered plot of land.

(2) The person entitled may determine that the right is to be tied only to one of the parts. This determination is to be made to the Land Registry and requires entry in the Land Register; the provisions of sections 876 and 878 apply accordingly. If the person entitled alienates a part of the land without making this determination, then the right remains connected to the part that the person entitled retains.

(3) If the charge on land is beneficial to only one of the parts, it remains connected to this part only.

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