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§ 62. Entries
Real rights and notations shall be entered in the land register. (17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
§ 63. Notation in land register
- (1)
-
A notation may be entered in the land register:
- 1)
- to secure a claim for the acquisition or deletion of a real right, for the change of content or ranking of a right, including a future or conditional claim (preliminary notation);
- 2)
- to ensure the amendment of the incorrectness of an entry in the land register (objection);
- 3)
- for the complete or partial prohibition of the disposal of property or restricted real right (notation concerning prohibition);
- 4)
- for the demonstration of other circumstances, the entry of which in the land register is permitted by law (notation).
- (2)
- A notation concerning a prohibition prohibits the making of entries in the land register completely or partially according to the contents of the notation.
- (3)
- The disposal of a real right after the entry of a notation in the land register is void to the extent that this prejudices or restricts a claim secured by the notation.
- (4)
- Subsection (3) of this section is also applied with regard to disposal on the basis of a court judgment.
- (5)
- If a disposal is void on the bases provided for in subsections (3) or (4) of this section, an acquirer has the right upon arrival of the term to demand from a third person that the acquirer be entered in the land register as the owner of the plot of land or the person with the restricted real right accordingly.
- (6)
- The ranking of a right concerning which a notation is made shall be specified according to the notation.
- (7)
- A notation may be deleted if the claim for which the notation was made as security has terminated.
- (8)
- A person whose immovable or right a preliminary notation or objection concerns has the right to require deletion of the notation from the person for whose benefit the notation was made if the exercise of the right secured by the notation is precluded.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
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