After the deletion of lawful compulsory entries, property owners are not entitled to a rewriting of the land register entries. This was decided by the Federal Court of Justice (BGH, AZ: V ZB 17/22). In this case, an owner had demanded that the land registry create new land register sheets from which the deleted entries would no longer be visible. As the deleted entries are merely marked in the land register but not removed, they are still visible. The owner wanted to take action against this.
However, the BGH ruled that neither the land register order nor data protection regulations can be used to derive a claim for transcription. The required transcription would not significantly improve the clarity and functionality of the land register. Furthermore, there is no provision for removing the entries from the land register and it is not practicable to create a new land register page and close the old one every time a compulsory entry is deleted. If there is a legitimate interest, a closed land register sheet can also be inspected.
The decision emphasizes the public interest in the reliability and completeness of the land register. The Federal Court of Justice recognized that the refusal to transcribe affected the informational self-determination of the owner, but did not see this as a violation of fundamental rights. The maintenance of the functionality of the land register system and the reliable documentation of the legal relationships to land justified this decision.source: bundesgerichtshof.de/AZ: V ZB 17/22
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