Last Updated on June 28, 2021 by LawEuro
German Civil Code (BGB) German law
Division 6
Charges on land
Section 1105
Statutory contents of the charge on land
(1) A plot of land may be encumbered in such a way that recurring acts of performance are to be made from the plot of land to the person in whose favour the encumbrance is created (charge on land). It is also possible to agree as the contents of the charge on land that the acts of performance to be made are adjusted to changed circumstances without notice if, based on the requirements stipulated in the agreement, the type and scope of the encumbrance of the land can be determined.
(2) The charge on land may also be created in favour of the current owner of another plot of land.
Section 1106
Encumbrance of a fraction
A fraction of a plot of land may be encumbered with a charge on land only if it consists in the share of a co-owner.
Section 1107
Individual payments
The provisions governing the interest on a mortgage claim apply with the necessary modifications to the individual payments.
Section 1108
Personal liability of the owner
(1) In addition, the owner is personally liable for the payments that fall due during the period of his ownership, unless otherwise provided.
(2) If the plot of land is divided, the owners of the individual parts are liable as joint and several debtors.
Section 1109
Division of the dominant plot of land
(1) If the plot of land of the person entitled is divided, the charge on the land continues in existence for the individual parts. If the performance is divisible, the shares of the owners are determined in the relationship of the size of the parts; if it is not divisible, the provisions of section 432 apply. The exercise of the right is, in case of doubt, 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 shall be connected only to one of the parts. This determination is to be made to the Land Registry and requires registration in the Land Register; the provisions of sections 876 and 878 apply with the necessary modifications. If the person entitled alienates a part of the land without making this determination, the right remains connected to the part that he retains.
(3) If the charge on land is beneficial to only one of the parts, it remains connected to this part only.
Section 1110
Real charge on land
A charge on land existing in favour of the current owner of a plot of land may not be separated from the ownership of this plot of land.
Section 1111
Personal charge on land
(1) A charge on land existing in favour of a specific person may not be connected with the ownership of a plot of land.
(2) If a claim for an individual act of performance is not transferable, the right may not be alienated or encumbered.
Section 1112
Exclusion of unknown entitled persons
If the person entitled is unknown, the provisions of section 1104 apply with the necessary modifications to the exclusion of his right.
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