If a right in a plot of land is encumbered by the right of a third party, then cancellation of the encumbered right requires the approval of the third party. Where the right that is to be cancelled is that of the respective owner of another plot of land, then, if that plot of land is encumbered by the right of a third party, the approval of the third party is necessary, unless the right of the third party is not affected by the cancellation. The approval is to be declared to the Land Registry or to the person for whose benefit it is made; it is irrevocable.
Home› Civil Code & Private Law› BGB (EN)
Book 3 · Law of property › Division 2 · General provisions on rights in land › Section 876
Cancellation of an encumbered right
←→ also move between sections