The Match Of Unvermessener And Building Over Land After The Card Act

Original Language Title: Gesetz über die Sonderung unvermessener und überbauter Grundstücke nach der Karte

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Read the untranslated law here: http://www.gesetze-im-internet.de/bosog/BJNR221500993.html

Act on the match of unvermessener and building over land for the card (ground match law - BoSoG) BoSoG Ausfertigung date: 20.12.1993 full quotation: "ground match Act of 20 December 1993 (BGBl. I S. 2182, 2215), most recently by article 8 of the law of December 22, 2010 (BGBl. I p. 2255) is changed" stand: last amended by article 8 G v. 22.12.2010 I 2255 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 25.12.1993 +++) the G as article 14 G v. 20.12.1993 I 2182 (RegVBG) by the German Bundestag, with the consent of the Federal Council decided. It is under article 20 sentence 1 of this G on the 25.12.1993 entered into force.
Section 1 match of land and use rights § 1 scope of application by a match schedule determined match decision can when land in the area referred to in article 3 of the Unification Treaty be 1 how far not officially verifiable ownership (uncharted property) or graphically undetectable rem rights which may be exercised to the full extent of a parcel of land stretching on such land (unvermessene rights) , 2. for what portion of such land also in consideration of residual and splitter surfaces order of leases or limited rights or on the transfer of property in article 233 provided law (law adjustment Act) entitled to section 3 paragraph 2 of the introductory act to the civil law book, 3rd as the REM legal relationships of subject not the asset mapping land which in spatial and functional connection to the subject matter of an allocation plan referred to in § 2 para 2a to 2 c of the asset allocation Act are , be newly mapped (complementary new zoning), 4 as the REM law conditions on built-up in the context not the Association controlled land that not in the spatial and functional connection with the subject of an allocation plan referred to in § 2 para 2a to 2 c of the asset allocation law are, with the actual use conditions in accordance be brought (complex new zoning).

§ 2 uncharted property (1) the range of unvermessenen property is determined according to the result of an agreement of the affected property owners. The agreement requires the form of § 313 of BGB (Bürgerliches Gesetzbuch) (civil law, if she is not logged in the process of ground match by the authority of the match or one of this responsible person or body (§ 8 paragraph 1 sentence 2); This must not lead to bypass the necessary approval of the Division. The agreement requires the consent of holders of restricted rights on the affected land known at the land registry office. The agreement is considered to have been given, if not after request by the authority of the match this compared to within a period of four weeks is objected to the agreement. The opposition is irrelevant, if not concrete evidence for a different agreement material legal status are shown.
(2) an agreement not be reached, so the property is determined according to the acquis. For the determination of the acquis are existing building control books, to take account of cadastre and surveying, and other documents. The ownership must be determined in particular by the involvement of well-known owners and users, as well as the creditors of limited rights in rem on the land. It is irrefutably assumed that the ownership at the time of their discovery represent the acquis.
(3) the acquis can not be determined or is obvious that he cannot represent the ownership, so allot a same chunk of the disputed area to each of the affected property owners. This may be derogated from in its reasonable discretion, if the allocation result pursuant to sentence 1 to a, that is with the fixed may not be consistent.

§ 3 unvermessenen use rights unvermessene use rights (1) determined the spatial scope of the power to exercise the right according to the content of the copyright certificate.
(2) the amount can be do not remove power to the exercise of the right of use of the content of the certificate of right to use, so it is determined according to the result of an agreement of the affected holders of use rights and the affected property owners. Article 2, paragraph 1 applies with the proviso, that the consent of the owner of limited rights on the right of use or a separate building property incurred in the exercise of the right of use, known in the land registry is required in addition to the approval of holders of restricted rights on the affected land known at the land registry office.
(3) the spatial scope of the power to exercise the right of use of the content of the certificate of right to use can be not taken out and an agreement cannot be achieved, is so empowered to exercise the right of use § 4 para 3 sentence 3 of the introductory act to the civil law book is governed by article 233, as far as not going beyond this assignment or ceremony is demonstrated. § 2 para 3 shall apply mutatis mutandis.

§ 4 implementation of the property law-cleanup law in the cases of § 1 No. 2 are determined to set real legal relationships according to the law-cleanup law.

§ 5 zoning (1) new through new zoning can from land, not the asset allocation is subject to, or parts thereof made new plots, established limited real rights therein or such plots combined with land, which are the subject of an assignment plan.
(2) the complementary new zoning (§ 1 No. 3) perpetuates the stipulations of the Association plan on land pursuant to paragraph 1 in the area of the assignment plan, insofar as this is necessary for the adequate use of the associated land. As far as the mapping plan is not indicative of the property boundaries to be determined, is to proceed according to paragraph 3.
(3) a complex new zoning (§ 1 No. 4) is allowed only to sort out land referred to in paragraph 1, which are used for purposes of public housing supply in the complex settlement and housing, comparable or related measures of infrastructure, as well as the legal relationships in rem thereto in such a way, bringing the land and the real legal relationships this with the actual use conditions reasonable in accordance.
(4) the beneficiary may be only public bodies, corporations, whose all Anteile available to public authorities and the public purposes trust companies, housing cooperatives and worker housing cooperatives and whose successors, affected landowners or beneficiaries under the property law cleanup law.
(5) in the case of the new zoning according to the provisions of this Act real rights to land in the match area, a law burdening such land rights and public obligations to a concerning a plot throughout the match, Tolerations or Nonactions (Baulast) can be removed, changed or newly established. At Baulasten, this requires the consent of the Building Authority. Rights and the management of cables for supply and disposal pipes are, unless the beneficiaries agree not to change. Not modified rights and routing to continue on the newly formed land.
(6) of the law of property law cleanup may be waived for in paragraphs 2, 3 and 5 laid down provisions, insofar as this is necessary for the new zoning.
(7) a ground match method is not permitted, as long as a procedure is pending after the 8th section of the agriculture adjustment Act or Flurbereinigung law or when the land ownership in a regulatory process are been repositioned after October 2, 1990. A ground match procedures can be performed if a procedure is pending after the asset allocation law; However the match decision must be into force only, if the assignment decision has been rendered.
Section 2 implementation of § 6 match procedure (1) which shall match authority (§ 10) match uncharted property, unvermessene rights, the spatial extent of claims under the law adjustment Act or new to ordering REM legal relations in a match notification (§ 7) firmly. This determination is carried out in the cases of § 1 No. 1, 3 and 4 of its own motion, in the cases of § 1 No. 2 on request from the competent according to the law adjustment Act-in the cases of § 1 No. 3, also at the request of the President of the Oberfinanzdirektion, which has adopted the allocation plan by mapping decision or at the request of one of the authorities referred to in article 5, paragraph 4. In the cases of § 1 No. 1 and 2 setting is also on request of one of the affected landowner, owner of usage rights or beneficiaries under the property law Cleanup Act (plan concerned). The exercise of the right of application for private applicant is secured.
(2) the authority of the match sets, even though the proceedings at the request of the concerned of a plan has been initiated, discretion, on what area the match plan purchases and extent to which a measurement-technical determination of the boundary of the plan is required. The plan area shall include at least the areas bordering the areas claimed by the applicant. The applicant is holder of a right in rem use, so must the plan area at least the land affected by the law include.
(3) the match authority may reject the application of a plan person if the applicant is said to the surveying of his property or right in rem use is carried out within the next three months. This does not apply if a given promise was not fulfilled.
(4) in proceedings according to § 1 No. 3 and 4 can the match authority order, that the rights in rem to land and property rights until the conclusion of the proceedings only with their permission; be has the approval is granted if the injunction will not interfere with the procedure. The arrangement prevents dispositions over the real right to the plot or plot-same rights only if an approval of stating this rule is entered in the land register. The land registry office enters the approval of only at the request of the authority of the match.

Article 7 content of the decision of the match and the match plan (1) which provides match notification the match plan binding set. The match schedule is part of the decision. § 3a of the Administrative Procedure Act does not apply.
(2) the match plan is a plot map (§ 8 par. 2) and a property list (§ 8 para. 3). He serves the land right from the date of its establishment until its acquisition in the land registry as official directory of land within the meaning of § 2 para 2. He occurs in respect of the listed properties to replace an existing replacement for the official directory.

§ 8 plan of the match (1) the authority of the match created for the planning area set by her draft of the match plan. She can transfer the preparation which in the match process to decisions publicly appointed surveyors as well as persons or bodies, empowered under the national rules to perform cadastral surveys. The right to enter the land, depends on the national rules applicable to the planning area of the cadastral surveying.
(2) the actual legal relations determined in accordance with the provisions of paragraphs 2 to 5 are in a plot map, which shall not be less than 1 to 1,000 scale, to demonstrate graphically. Existing maps, as well as about made to prepare or otherwise existing aerial photographs are to use. Should the authority to exercise rights of use is detected, are in a plot map next to the areas on which the right of use may be exercised, to indicate the boundaries of the affected land. In a complementary new zoning the stipulations of the allocation plan in the map are to take over.
(3) in the case of unvermessenem property are the sites listed in the site map in a property list, stating the apparent from the land register or otherwise known in the land registry owner and, if known, list the existing land job. Also the holder of the exploitation rights are performing at unvermessenen rights in the property list in addition to the owners of the land affected by the rights. In the cases of § 1, Nos 2, 3 and 4 are to give those individuals formed or to be formed plots or hereditary building rights are set out in the plot list.
(4) the draft of match plan and the documents related to its lineup (paragraph 2, section 2, paragraph 2, article 3, paragraph 1 and 2) the match authority for a period of one month has interpreted in their premises for inspection. In the cases of § 1 No. 2, 3 and 4 is also a map of the existing or of established stocks, in the cases of § 1 No. 3 in addition also the mapping plan to be interpreted. The authority of the match has object publicly to disclose the design. The announcement has the area included in the procedure and the possible according to article 1 aim of the procedure to call, as well as reporting to include that all plan concerned, as well as holders of return transfer claims see the wealth law or from restitution (§ 11 para 1 of the asset mapping Act) or limited rights to the land or rights to the land within one month of the notice on the design for the match schedule, as well as its documentation and objections to the findings on the physical legal relationships can rise. This period may not be extended. does not occur after expiration a restitutio in integrum. In the cases of § 1 No. 3 and 4 are always the federal property administration, in whose district the community lies, in the plan area active municipal housing companies and the housing association or worker co-operative, which manages buildings in the planning area, or its legal successor to hear; in the cases of § 1 No. 1 is to listen to the community.
(5) from the land register or the request of the authority of § 6 para 1 sentence 2 of apparent plan affected or if they are, deceased their land registry known heirs receive a registered message via the public comment, which can be with a call for consultation and the note that objections to the findings raised within the Specify period pursuant to paragraph 4, to connect. The time limit under paragraph 4 then starts with the access of the message. In the cases of § 1 No. 3 and 4 is for the plan concerned, which is not known to the person or their stay, in accordance with article 233 article 2 par. 3 of the introductory act to the civil law book a representative to order, as far as done already under other provisions.
(6) the Federal Ministry of Justice is authorised by decree with the consent of the Federal Council the design of the match plan, also by determination of patterns, to set, taking into account the rules for the management of the real estate cadastre.

§ 9 adoption of the match notification (1) after which time limit prescribed in § 8 para 4 and 5 the match authority the match plan by a decision binding firmly. The match schedule is part of the decision. If not followed objections raised according to § 8 para 4 and 5, this shall be justified.
(2) the match notification is to provide with a right of appeal and to interpret for the duration of a month in the match authority for inspection. The authority of the match has object publicly to make known the interpretation and from the land of apparent plan concerned, if they are deceased, their land registry known heirs or, if they are not known, to share with the representatives to be ordered in accordance with § 8, subsection 5. The notice and the notice must the phrase and the reasoning of the decision, the place and the period of interpretation and an instruction about contain, that within one month after the term against the decision may be appealed. The snippet of a map on a scale of 1 to 10,000, showing where the match field is located, is to be attached. Upon expiration of the interpretation of the notice to the plan stakeholders deemed to; It is noted in the notice and in the communication.
(3) the public interpretation of the notification referred to in paragraph 2 can be waived, if the decision including the match plan of all plan persons concerned will be sent to that have not renounced the lodging of legal remedies or remedies.
(4) the authorisation prescribed by other provisions for the Division of land not required for a decision by match notification.

§ 10 match match authority is in the cases of § 1 No. 3 and 4 the community, in the other the authority responsible for the management of the real estate cadastre. The match authority can transfer to another appropriate authority the authority to perform the procedure in a match for the whole municipal area or parts of thereof for individual procedures or in the long term. The details of the transfer including the participation rights of the authority of the match can be regulated in an agreement between you and the other authority.

§ 11 peculiarities in the complementary new zoning at the match proceedings a mapping decision according to § 5 para 2 is to section 2 paragraph 2 b of the asset allocation law already did, so the plot card may be replaced by corresponding graphic representations in the assignment plan. An allocation decision is not yet available of the asset allocation law according to § 2 para 2, so Association and match schedule can be connected. In both cases the area of assignment of the plan graphically is the match to delineate. The match decision shall be limited to the parts of the Association or of the uniform plan defined graphically as a match field.

Article 12 suspension of proceedings
The match authority may suspend proceedings under this Act, insofar as in the plan area a procedure after the 8th section of the agricultural adjustment Act, the land consolidation Act, the fourth part of the building code or the law adjustment Act is initiated or is. The match authority of initiation of such a process receives a message; She in turn notified the concerned authorities about the proceedings of a match.
Section 3 effects of match article 13 scope of land rights in the match field (1) with administrative finality of the match being the plots have the amount referred to in the special plan. At this time, contained provisions on the amendment, repeal or justification by ownership and limited rights to land and property rights or from Baulasten in the area of the match plan effective after section 4 or section 5 be regardless of the subsequent registration in the land register in a match plan.
(2) as far as the match schedule has become final, a divergent boundary of the land or the power to exercise a right of use, as well as an other distribution of land or limited rights because no longer claim can be made. The right to assert the mismatch between a later cadastral surveying and the plot map (§ 8 par. 2), as well as claims arising from the §§ 919 and 920 of the civil code or adaptation of heritage construction interest or a purchase price on a different plot remain unaffected.
(3) claims can be according to the law cleanup law to order limited rights in rem, or the transfer of real estate residents after proceedings under this Act in respect of separate areas no longer asserted.
(4) claims for return transfer will continue after the property law on the newly formed land. This does not apply if 1 the land to be used for purposes of public housing supply complex housing, for related measures of infrastructure or for a purpose referred to in section 5, paragraph 1, of the property law, or 2. the newly formed land for the retransfer should be divided.

§ 14 No. 1 can gain compensation in the cases of § 1 if the established scope of the land or the power to exercise the right in rem use not on an agreement is based and is not in line with the previous ownership or REM copyright conditions each disadvantaged owner, or owner of use rights at his own expense of beneficiary the transmission owner or holder of a right in rem use the assigned part of the property ownership or use right in rem or a corresponding transfer of such rights in accordance with this the rules on the unjust enrichment claim. Division permits are not required for the fulfilment of these claims even after land rights.

Article 15 compensation for loss of rights (1) anyone who loses a right in rem to a plot of land or a separate building owned by the ground-new order (§ 5), is against the winner of the match authority to the extent of the loss to only the claims of the law adjustment Act provided for the Ankaufsfall. For land, for which financial claims are reported this be entitled to one, the back to transfer the ownership of the land without the new zoning as a result of the application would have been; from this amount, the following assets Act commitments of the person entitled must be met.
(2) as far as a loss of a right in rem to a plot of land or building property occurs, which is not subject of the property law cleanup law, the compensation to the extent provided in the Federal building code when an assignment is entitled to the person concerned.
(3) without prejudice to § 13 can be demonstrated from the administrative finality of the match being in consideration of restructuring for the calculation of compensation for five years, that the former land of the claimant was greater than in the underlying stock card set.
(4) not entitled to those to the preceding paragraphs, the loss of rights is adequately offset by transfer of ownership of a plot of land or granting limited rights in rem. This replacement must be indicated in the stipulations of the match plan.
(5) the owner of each of the plots in the territory of the match plan has paid an amount equal to a proportion of the total of compensation payments accumulated in the area of the match plan to the winners of the match authority. The amount is determined according to the ratio of the plot belonging to the owner to the area of the of the match plan. This compensation obligations can be set in the match.
(6) compensation and compensation obligations under this provision can be decided wholly or partially of separately.

§ 16 defense the match a match process under this Act pending and not exposed is the plea of the match held against claims from § 919 or section 920 of the civil code or declaration of ownership.

Article 17 costs bear the cost of the administrative procedure insofar as nothing special is determined, the owner of the land recorded in the match schedule in the ratio of the size of the plots. In the cases of § 3, owners and users wear the costs apportioned to the land equally. The authority may by name then order a different apportionment of costs in its reasonable discretion, if the prosecution appears wholly or partly malicious. The rectification of the land register is free of charge. In addition, article 108, paragraph 1 and 2 of the land consolidation act shall apply mutatis mutandis.
Section 4 protection of rights, relative to other procedures section 18 application for judicial decision as well as other notices under this Act be challenged (1) match notices by plan affected only by application for judicial decision. A civil division of the District Court in whose district the match authority is established shall decide on the request. The application is possible only after forgotten ahead before administrative after the 8th section of the administrative court procedure, the body is responsible for this leading the general supervision of the match authority according to the law of the land. The Federal Ministry of Justice is authorised by decree with the consent of the Federal Council to regulate the modalities differ here also by the provisions of the administrative court procedure, insofar as this is required for proceedings under this Act and to determine the responsibility for the administrative process differently.
(2) the request must be submitted in writing within one month after notification of the decision handed down in the procedures before court. He is only allowed if the applicant asserts, to be hurt by the decision in his right hand. The request should contain the Declaration of extent to which the decision is contested, and a specific application and specify the reasons and the facts and evidence that are used for the justification of the request.
(3) the request has suspensive effect to the extent of the application object. Only the parts of the set match plan that a change of the contested provisions can affect are subject of the application. In addition, the match decision is definitive. The scale of stock power is to prove the land registry office by the authority of match in a certified copy of the decision of the match marked with appropriate boundaries. The stock strong part of the match schedule is critical for the designation of the land in the land register. The property name can be corrected by virtue in the land register. This applies accordingly if the plan is later completely or partially definitive.
(4) the Court shall by order. As far as the participants on the match amicably agreed, the decision of any reasoning is needed. As far as the application for judgment to be well-founded is considered, the court overrules the decision and the decision by the management before procedure. It is to modify the decision or expresses the commitment to humble the applicant in accordance with the legal opinion of the Court.
(5) on the procedure are the rules of § 217 4, section 218 paragraph 1, § 221 para 2 and 3, section 222, paragraph 1 and 2 as well as the sections 227 and 228 of the building code mutatis mutandis apply. In addition, the rules applicable in actions in civil litigation shall apply mutatis mutandis. section 78 of the code of civil procedure shall not apply to authorities and the authorities of the match.

§ 19 is the appeal of the appeal allowed appeals (1) against the decision of the District Court, if the decision is based on an infringement of the right and the value of the subject of the complaint exceeds 5,000 euros. The provisions shall mutatis mutandis of sections 546, 547, 559, 561 of the civil procedure code.
(2) the complaint shall be within a period of one month from notification of the decision in the Court of appeal. § 18 para 3 shall apply mutatis mutandis; the match authority is responsible for then to applicable findings.
(3) a civil division of the Oberlandesgericht decides on the complaint. Wants the Court of Appeal differ from a decision under this Act an other higher regional court or of the Federal Court, as it submits the thing under justification of his legal opinion the Federal Supreme Court. It decides in such cases in place of the Oberlandesgericht.

§ 20 informing other authorities, updating (1) insofar as the match authority for the management of the real estate cadastre responsible is, they shall send a certified copy of the decision of the match this authority and until its acquisition in the land registry also evidence of changes referred to in paragraph 2 (2) that in the match plan or the plan pursuant to section 11 specific boundaries of land or the powers of exercise of can be changed according to the General regulations. The changes are to prove to its takeover in the official directory by the authority in the match in the match; in the cases of § 11, this also applies the mapping section. The match authority may request the authority responsible for the management of the real estate cadastre to take over this task.
(3) a certified copy of the match plan receives also the land registry office. Changes of the match plan such as changes in the official directory this must be proved. If the land registry office of the authority responsible for the management of the real estate cadastre to demonstrate changes in the land, it granted this proof to the takeover of the match plan in the official directory of the authority referred to in paragraph 2 for the update.

§ 21 relative to other procedures procedures under this Act are proceedings according to the building code, the 8th section of the agricultural adjustment Act, the land consolidation act or the allocation rules not invalidated.

Section 22 reconciliation provisions (1) until the enactment of the property law cleanup law retains the authority of match a final decision on a claim according to § 14 before. She can give up the payment or deposit of tees the beneficiaries.
(2) in a match notification under this Act can also building property be determined on which land is referred to in article 233 § 2 b of the introductory act to the civil law book is.

§ Authorises 23 regulation empowering the Ministry of Justice to regulate the basic accounting treatment of shares of as unsorted court rooms by decree with the consent of the Federal Council.