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§ 229. Definition of real encumbrance
- (1)
- An immovable may be encumbered such that the actual owner of the immovable must pay periodic payments in money or in kind to the person for whose benefit the real encumbrance is established, or perform particular acts.
- (2)
- A real encumbrance may be established for the benefit of a particular person, the state, a local government or the actual owner of another immovable.
- (3)
- A legal share of an immovable may be the object of a real encumbrance only if it is the share of a co-owner.
§ 230. Classification of real encumbrances
- (1)
- A real encumbrance is an encumbrance in public law if it is established pursuant to law for the benefit of the state, a local government or other person in public law.
- (2)
- A real encumbrance is an encumbrance in private law if it is established for the benefit of a person in private law or the actual owner of another immovable.
§ 231. Creation of real encumbrance
- (1)
- A real encumbrance in private law is created by entry in the land register. If possible, the entry shall specify the monetary value of the real encumbrance.
- (2)
- The provisions concerning acquisition of immovables apply to the acquisition of a real encumbrance unless otherwise provided by law.
- (3)
- Entry in the land register is not necessary for the creation of a real encumbrance in public law unless otherwise provided by law.
- (4)
- If pursuant to law a person in public law has the right to demand a real encumbrance, the encumbrance is created by entry in the land register.
§ 232. Extinguishment of real encumbrance
A real encumbrance extinguishes by deletion of the entry from the land register.
§ 233. Extinguishment of real encumbrance on demand of entitled person
An entitled person may demand extinguishment of a real encumbrance and its redemption by an obligated person if:
- 1)
- the encumbered immovable is divided and thereby the rights of the entitled person are considerably damaged; or
- 2)
- the obligated person considerably decreases the value of the encumbered immovable and does not give security for performance of the obligations arising from the real encumbrance; or
- 3)
- the obligated person fails to perform the obligations arising from the real encumbrance for three consecutive years.
§ 234. Extinguishment of real encumbrance on demand of obligated person
- (1)
-
An obligated person may demand extinguishment of a real encumbrance by its redemption from the entitled person if:
- 1)
- the entitled person does not perform the agreement which is the basis for the creation of the real encumbrance; or
- 2)
- the real encumbrance has continued for thirty years regardless of a longer term indicated in the land register entry or disallowance of redemption.
- (2)
- If redemption of a real encumbrance is demanded on the basis provided for in clause (1) 2) of this section, one year advance notice shall be given.
- (3)
- Redemption shall not be demanded if the real encumbrance is established for the benefit of a particular natural person, is established pursuant to law or is related to a real servitude.
§ 235. Redemption price
- (1)
- The value of a real encumbrance indicated in the land register entry shall be taken as the basis for specification of the redemption price of the real encumbrance.
- (2)
- If the value of a real encumbrance is not entered in the land register, the entry is insufficient or the monetary value of acts arising from the real encumbrance has changed significantly, the redemption price shall be specified by a court, which shall consider the actual circumstances and deem the duration of the real encumbrance to be thirty years.
§ 236. Expiration of obligation arising from real encumbrance
- (1)
- A real encumbrance is not created by prescription or extinguished by expiration.
- (2)
- Each individual obligation arising from a real encumbrance expires after the same period as the general limitation period of an action from the date it becomes a personal debt of the obligated person (subsection 239 (1)).
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