Law on the special protection of unmeasured and overbuilt land according to the map (Soil Protection Act-BoSoG)

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BoSoG

Date of completion: 20.12.1993

Full quote:

" Soil Special Act of 20 December 1993 (BGBl. I p. 2182, 2215), most recently by Article 8 of the Law of 22 December 2010 (BGBl. I p. 2255)

Status:

Last amended by Art. 8 G v. 22.12.2010 I 2255

For more details, please refer to the menu under Notes

Footnote

(+ + + Proof of text: 25.12.1993 + + +) 

  

The G was decided as Article 14 G v. 20.12.1993 I 2182 (RegVBG) by the Bundestag with the approval of the Bundesrat. It's gem. Article 20, first sentence, of this G entered into force on 25 December 1993.

Section 1
Soniation of land and real rights of use

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§ 1 Scope

A special plan determined by means of a special notification may be used in the case of land in the territory referred to in Article 3 of the agreement,

1.

the extent to which officially undetectable property rights (unmeasured property) or graphically undetectable rights of use, which may not be exercised on the full scale of a land, extend to such land; (unmeasured rights of use),

2.

for which part of such land, even in the case of remnants and splinter areas, a claim for the appointment of inheritance rights or limited rights of property or for the transfer of property in accordance with the provisions of Article 233 (3) of the Introduction Act to the Civil Code (Law of the Law of the Law of the Law of the Law of the Law of the Law)

3.

the legal relationships in rem to land not subject to the asset allocation, which are in the spatial and functional relationship with the subject-matter of an allocation plan in accordance with Article 2 (2a) to (2c) of the Asset Allocation Act, to be rearranged (supplementary land reorder),

4.

such as the legal relationships in connection with buildings which are not linked to the assignment, which are not related to the spatial and functional relationship with the subject-matter of an allocation plan in accordance with § 2 (2a) to (2c) of the Asset allocation law is to be reconciled with the actual usage conditions (complex ground reorganization).

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§ 2 Unmeasured property

(1) The scope of unmeasured property shall be determined on the basis of the result of an agreement between the landowners concerned. The agreement requires the form of § 313 of the Civil Code if it is not logged in the course of the Soil Special Procedure by the Special Authority or by a person or body appointed by the special authority (Section 8 (1) sentence 2); this may not be required. not to circumvent the necessary partial approval. The agreement requires the approval of the holders of limited rights in rem on the land concerned, known to the Land Registry. The consent shall be deemed to have been granted if the agreement is not contradicted within a period of four weeks after the request of the special authority is not requested. The contradiction is insignificant if there is no concrete indication of a material legal situation which deviates from the agreement. (2) If an agreement is not reached, the property shall be determined according to the acquis. For the determination of the property, existing building tax books, cadastre and surveying and other documents must be taken into account. The conditions of ownership shall be determined, in particular, by the involvement of the known owners and users as well as of the creditors ' limited rights to the land. It is refuted that the acquis communautaire is the acquis at the time of its investigation. (3) It is also impossible to identify the acquis or it is clear that it cannot constitute the ownership structure of the acquis. is to assign to each of the landowners concerned an equally large piece of the disputed area. This may be dismissed at a reasonable discretion if the allocation in accordance with the first sentence leads to a result which is not to be reconciled with the fixed circumstances. Unofficial table of contents

§ 3 Unmeasured usage rights

(1) In the case of unmeasured rights of use, the territorial scope of the power to exercise the right is determined according to the content of the use law. (2) The extent of the power to exercise the right of use is determined by the content of the right of use. The use of the right of use shall be determined on the basis of the result of an agreement between the holders of the rights of use concerned and the landowners concerned. Section 2 (1) shall apply with the proviso that, in addition to the consent of the holders of limited rights in rem on the land concerned, which are known to the Land Registry, the consent of the holders of the land registry known to the Land Registry shall be (3) The territorial scope of the power to exercise the right to use the right of use is based on the content of the Do not take out the right of use and cannot reach an agreement, as determined the power to exercise the right of use under Article 233 (4) (3), third sentence, of the Introductory Act to the Civil Code, unless an assignment or award beyond the Civil Code is established. Section 2 (3) shall apply mutatily. Unofficial table of contents

§ 4 Enforcement of the Law of the Law of the Law of the Law

In the cases of § 1 No. 2, the legal relationships to be determined shall be determined in accordance with the Law of the Law of the Purification of the Law. Unofficial table of contents

§ 5 Ground Reorder

(1) Land reorganisation may consist of land which is not subject to the assignment of property, or parts thereof, new land, limited rights in rem, or such land being combined with land which is (2) The supplementary land rearrangement (§ 1 no. 3) continues the provisions of the allocation plan on land referred to in paragraph 1 in the territory of the allocation plan, to the extent that this is necessary for the appropriate use of the associated land is required. In so far as the allocation plan does not provide a breakdown of the land boundaries to be determined, it is to be followed in accordance with paragraph 3. (3) A complex ground rearrangement (§ 1 No. 4) is permissible only in order to provide for the land referred to in paragraph 1, which for the purposes of public Provision of housing in complex housing and residential construction, in a comparable manner or for related measures of infrastructure, as well as to reorder the legal relationships in rem in such a way as to ensure that the Land and the legal relationships in rem with the actual (4) Beneficiaries may only be public bodies, corporations whose shares are public bodies and which pursue public purposes, trustee companies, Housing cooperatives and workers ' housing associations as well as their legal successor, affected landowners or beneficiaries under the Law of Property Law Eligibility. (5) In the case of land reorganisation according to the provisions of this Law may have rights in rem on land in the Special area, rights in respect of a right under such property, as well as public-law obligations relating to a piece of land in the Special Area, Dulden or ominous (Baulast) repealed, amended or reestablished . In the case of construction loads, this requires the approval of the building approval authority. Management rights and the management of lines for supply and disposal lines shall not be altered unless the beneficiaries agree to change. Non-amended rights and management shall be continued in the newly formed land. (6) The provisions of the Law of the Law of Law may deviate from the provisions laid down in paragraphs 2, 3 and 5, to the extent that: this is necessary for the reorganisation of the ground. (7) A soil special procedure is inadmissible as long as a procedure is adopted after the 8. Section of the Agricultural Adaptation Act or the Parcel Unification Act is pending or if the land ownership conditions have been reordered in a regulatory procedure after 2 October 1990. A ground special procedure can be carried out if a procedure is pending under the Asset Allocation Act; however, the special notice may not be put into effect until the assignment certificate has been issued.

Section 2
Implementation of the Special

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Section 6 expiry of the special procedure

(1) The special authority (§ 10) lays down unmeasured property, unmeasured rights of use, the territorial scope of claims under the Law of the Law of the Property Law or of new legal relationships to be arranged in a special order (§ 7). This determination shall be made in the cases of § 1 Nos. 1, 3 and 4 of its own motion, in the cases of § 1 no. 2 at the request of the body responsible under the Law Enforcement Act, in the cases of § 1 No. 3, also at the request of the President of the Oberfinanzdirektion, who has issued the allocation plan through assignment notification or at the request of one of the entities referred to in § 5 (4). In the cases of § 1 no. 1 and 2, the determination shall also be made at the request of one of the landowners concerned, proprietors of rights of use or entitled persons under the Property Rights Purification Act (Planners). The exercise of the right of private applicants must be granted. (2) The special authority, even if the proceedings have been initiated at the request of a plan-affected person, shall determine, at the discretion of the person concerned, the territory in which the person concerned is Special plan and to what extent a surveying determination of the boundary of the plan area is required. The plan area shall include at least the areas adjacent to the areas claimed by the applicant. If the applicant is the holder of a right of use, the plan area must include at least the land concerned by the law. (3) The special authority may reject the application of a plan-affected person if the applicant It is promised that the measurement of its land or right of use will be carried out within the next three months. This shall not apply if a given undertaking has not been complied with. (4) In proceedings pursuant to § 1 (3) and (4), the special authority may order that the rights in rem in real estate and the rights of the property shall be subject to the conclusion of the procedure. may be authorised only if the authorisation is granted if the procedure does not affect the implementation of the procedure. The order shall only prevent injunctions of the right in rem in the property or the same right only if a reservation of consent is entered in the land register under the indication of this provision. The Land Registry shall be subject to the approval of the consent only at the request of the Special Authority. Unofficial table of contents

Section 7 Content of the special plan and of the special plan

(1) The special notification shall make the special plan binding. The special plan shall form part of the decision. § 3a of the Administrative Procedure Act does not apply. (2) The special plan consists of a plot of land (§ 8 para. 2) and a list of land parts (§ 8 para. 3). It serves as an official list of the land within the meaning of § 2 para. 2 of the Basic Book Order from the time of its determination until the acquisition into the Liegenschaftskataster (Real estate register). It shall replace an existing replacement for the official list in the presence of the land listed. Unofficial table of contents

Section 8 List of the special plan

(1) The special authority shall draw up a draft of the special plan for the plan area set out by the Special Authority. It may delegate the preparation of the decisions to be taken in the special procedure to publicly appointed surveyors of surveying, as well as to persons or bodies which comply with the provisions of national law for the execution of cadastral surveying. shall be authorized. The right to enter the land is governed by the land law provisions applicable to the plan area concerning the cadastral surveying. (2) The legal relationships determined in accordance with § § 2 to 5 shall be in a Plot of land, which may not be less than 1 to 1000 in scale, graphically. In this case, existing map material as well as for preparation of, for example, produced or otherwise existing aerial photographs are to be used. Where the power to exercise rights of use is to be determined, the land map shall also specify the limits of the land concerned, in addition to the areas on which the right of use may be exercised. In the case of a supplementary land rearrangement, the provisions of the allocation plan must be included in the map. (3) In the case of unmeasured property, the plots of land recorded in the plot of land shall be in a list of plots of land, indicating the property of the property list. Land register or owner otherwise known to the land registry and, as far as is known, to list the previous land registry. In the case of unmeasured rights of use, the owners of the rights of use shall also be listed in the land list in addition to the owners of the land plots affected by the rights of use. In the cases of § 1 (2), (3) and (4), the list of land lists shall indicate those persons to whom the land or inheritance rights which are to be formed are to be provided. (4) The draft of the special plan as well as the ones to be drawn up (paragraph 2, section 2 (2), section 3 (1) and (2)), the special authority shall, for the duration of one month, submit a view in its premises for inspection. In the cases of § 1 no. 2, 3 and 4, a map of the existing or determined stock is also to be interpreted in the cases of § 1 No. 3 in addition to the allocation plan. The special authority has to make public the interpretation of the interpretation. The notice shall indicate the area referred to in the proceedings and the possible objective of the procedure in accordance with § 1, as well as the reference to the fact that all the planning parties and holders of retransmission claims under the asset law or from restitution (Section 11 (1) of the Property Association Act) or of limited rights in rem on the property or rights in the property within one month from the notice to the draft for the special plan and to its View the documents and objections to the findings of the Legal relationships can be raised. This period cannot be extended; after the expiry of the period, a re-establishment of rights shall not take place in the previous stand. In the cases of § 1 no. 3 and 4, the Federal Property Office, in whose district the municipality is located, the municipal housing companies operating in the planning area and the housing association or the workers ' housing cooperative, the buildings in the In the cases of § 1 No. 1, the congregation must be heard. (5) The plan-affected persons, who are apparent from the land register or the application of the authority pursuant to section 6 (1) sentence 2, or, if they have passed away, their heirs known to the land registry will receive an inscribed message about the public interpretation, which is to be connected with a request for inspection and the indication that objections to the findings may be raised within the time limit to be specified in accordance with paragraph 4. The period referred to in paragraph 4 shall then begin with the access of the message. In the cases of § 1 no. 3 and 4, a representative shall be appointed to the Civil Code in accordance with the provisions of Article 233 (2) (3) of the Introductory Act, in so far as this is not the case, for those who are not known by the person or their stay. (6) The Federal Ministry of Justice is authorized, by means of a regulation with the consent of the Federal Council, to design the special plan, also by determining patterns, taking into account the to determine the management of the Liegenschaftskatasters. Unofficial table of contents

§ 9 Decree of the Special Order

(1) After the expiry of the period referred to in § 8 (4) and (5), the Special Authority shall establish the special plan by a communication. The special plan shall form part of the decision. If the objections raised pursuant to § 8 (4) and (5) are not followed, this must be justified. (2) The special notice must be provided with an appeal for appeal and to be interpreted for the duration of an assembly in the Special Envoy for the purpose of inspection. The special authority has to make public the interpretation in a local language and has the plan-affected persons, if they have passed away from the land register, to the heirs known to the Land Registry or, if they are not known, to the heirs known to the Land Registry pursuant to § 8 (3) (1) (b). 5 to be informed. The notice and the notification shall contain the statement and the reasons for the decision, the place and the period of interpretation and an indication that, within one month of the expiry of the period of interpretation, the decision shall be taken against the Objection can be raised. The section of a map on a scale of 1 to 10,000, which shows where the special area is located, must be attached. At the end of the period of interpretation, the decision shall be deemed to have been notified to the plan-affected parties; the notice and notice shall be indicated in the notice. (3) The public interpretation of the decision referred to in paragraph 2 may be waived if: the decision, including the special plan, is notified to all the planning parties who have not waived the filing of appeals or legal remedies. (4) The authorisation required under other rules for the division of land shall be subject to a decision by special decision not. Unofficial table of contents

§ 10 Special Authority

In the cases of § 1 (3) and (4), special authority is the municipality, in other cases the authority responsible for the management of the Liegenschaftskatasters. The special authority may delegate its power to carry out a special procedure for the whole of the municipal territory or parts thereof for individual proceedings or on a permanent basis to another appropriate authority. The details of the transfer, including the participation rights of the special authority, may be laid down in an agreement between it and the other authority. Unofficial table of contents

§ 11 Special features of the supplementary ground rearrangement

If, in the course of the initiation of the special procedure pursuant to section 5 (2), an assignment decision has already been issued in accordance with § 2 para. 2b of the asset allocation law, the land map can be replaced by corresponding graphical representations in the allocation plan . In the event that an assignment notice pursuant to § 2 (2b) of the German Wealth Allocation Act is not yet available, the allocation and special plan may be linked. In both cases, the plan graphically demarcates the territory of the assignment from that of the special. The special notice shall be limited to the parts of the allocation plan or the single plan, which are delimited graphically as a special area. Unofficial table of contents

§ 12 Suspension of proceedings

The special authority may suspend a procedure under this Act to the extent that a procedure in the planning area is in accordance with the provisions of the 8. Section of the Agricultural Adaptation Act, the Parcel Cleaning Act, the Fourth Part of the Building Code, or the Law of the Law of the Law of the Law, is or will be initiated. The Special Authority shall receive a notice of the initiation of such a procedure and shall inform the authorities concerned of the initiation of a special procedure.

Section 3
Effects of the Special

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Section 13 Scope of property rights in the special area

(1) With the stock of the special decision, the land shall be of the scope specified in the special plan. At that time, provisions contained in a special plan pursuant to § 4 or § 5 shall be applied irrespective of the subsequent entry in the land register on the amendment, waiver or justification of property rights and limited rights in rem. (2) In so far as the special plan has become final, there may be a deviating limit of the land or the power to exercise a Right of use, as well as a different division of land or restricted rights It is no longer possible to assert the right. The right to assert the lack of conformity between a later official survey and the plot of land (§ 8 para. 2), as well as claims arising from § § 919 and 920 of the Civil Code or on the adjustment of the hereditary interest rate or of a purchase price to a deviating land area shall remain unaffected. (3) Claims in accordance with the Sachenrechtsberunification Act to order limited rights of rem or the transfer of land property may be concluded after a final conclusion of a Procedure under this law in the sight of segregated areas no longer (4) Retransfer claims under the Assets Act shall continue to be applied to the newly formed land. This shall not apply if:

1.

the land is used for public housing purposes in complex housing, for related measures of the infrastructure or for another purpose specified in Section 5 (1) of the Property Law, or

2.

the newly formed land would have to be shared for the retransmission.

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§ 14 Placement compensation

In the cases referred to in Article 1 (1), in so far as the determined scope of the land or the power to exercise the right of use is not based on an agreement and not in accordance with the previous ownership or property rights, it may be Rights of use, any disadvantaged owner or proprietor of rights of use of the owner or proprietor of a right of use at the expense of his/her costs shall be responsible for the transfer of the part of the Land ownership or right of use or a corresponding transfer shall require such rights in accordance with the provisions on unjustified enrichment. Grant approvals also according to national law are not required to meet these requirements. Unofficial table of contents

§ 15 Compensation for loss of rights

(1) Those who lose a right in rem in a property or an independent building by the reorganization of the land (§ 5) shall be against the institution of the special authority in the amount of the loss only those in the Law on the Law of the Law of the Law for the purchase of a claim. In the case of land for which the property rights claims have been declared, this claim shall be the person to whom the property on the property would have been transferred back without the land reorganisation due to the application; from this amount the obligations of the person entitled to comply with the law of the property shall be fulfilled. (2) Insofar as a loss of a right in rem enters into a property or property which is not the subject of the Property Law Unification Act, the person concerned shall be subject to the provisions of the Construction Code in the case of a transfer (3) Without prejudice to § 13, within five years from the stock of the special order, it can be proved, in the sight of the reorganization, for the calculation of a compensation that the former land of the (4) Claims in accordance with the preceding paragraphs shall not be the responsibility of the person whose loss of rights by transfer of property in a land or area of land clearance. of limited rights in rem. This replacement must be included in the provisions of the special plan. (5) The owner of each of the land plots situated in the territory of the special plan shall have to the institution of the special authority an amount equal to the sum of the sum of the sum of the total number of the shares. of all compensation payments arising in the area of the special plan. The amount of the share shall be determined according to the ratio of the land area belonging to the owner to the area of the area of the special plan. These compensation obligations may be laid down in the special notice. (6) In full or in part, decisions on compensation claims and compensation obligations under this provision may be decided separately. Unofficial table of contents

Section 16 Special Envoy

In so far as a special procedure under this Act is pending and not suspended, claims from § 919 or § 920 of the Civil Code or on the determination of the property may be held against the objection of special interest. Unofficial table of contents

§ 17 Costs

The costs of the administrative procedure shall, to the extent that nothing is special, bear the owners of the land plots included in the special plan in proportion to the size of the land. In the cases of § 3, owners and users shall share the costs of the property at the same time. The Authority may order a divergent distribution of costs in accordance with its reasonable discretion, in particular where the legal proceedings appear wholly or partly willingly. The correction of the basic book is free of charge. In other respects, § 108 (1) and (2) of the Parcel Reunification Act shall apply in a reasonable way.

Section 4
Legal protection, relationship with other procedures

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Section 18 Application for a court decision

(1) Special orders and other decisions under this Act may only be appealed by any plan-affected person by application for a court decision. The application shall be decided by a civil chamber of the district court in whose district the special authority is situated. The application may not be submitted until after the preliminary administrative procedure after the 8. Section of the administrative court order for which the body responsible is responsible for the general supervision of the special authority in accordance with the law of the country. The Federal Ministry of Justice is authorized, by means of a decree law with the consent of the Federal Council, to regulate the more detailed rules and to depart from the provisions of the administrative court order, in so far as this is applicable to proceedings after (2) The application must be made in writing within one month of the date of notification of the decision taken in the management proceedings, in the case of the Land tribunal shall be made. It shall be admissible only if the applicant claims to have been infringed by the communication in his rights. The application shall contain the declaration of the extent to which the decision is contested and shall contain a specific request, as well as the reasons and the facts and evidence used to justify the application. (3) The request shall be in the scope of the application. Application subject to suspensive effect. The subject of the application shall be only those parts of the special plan which have been identified and which may have an effect on a change in the provisions of the contested decision. Moreover, the special notification will be passed on. The size of the stock shall be determined by the special authority in a certified copy of the special certificate, accompanied by the corresponding demarcation, by the special authority. The final part of the special plan shall be decisive for the designation of the land in the land register. The name of the property may be corrected in the land register by the Office of the Office. This shall apply accordingly if the plan has subsequently become completely or partially passed on. (4) The court decides by decision. In so far as the parties have agreed on the special issue, the decision does not require any justification. In so far as the application for a court decision is deemed to be well founded, the court shall repeal the decision and the decision taken in the administrative procedure. It is intended to amend the communication accordingly or to make the obligation to modestly the applicant in compliance with the legal opinion of the court. (5) The procedure is the provisions of § 217 (4), § 218 (1), § 221 (1) (1). 2 and 3, section 222 (1) and (2), as well as § § 227 and 228 of the Baugesetzbuch (German Civil Code), mutas. In other respects, the rules applicable to lawsuits in civil disputes shall apply accordingly. Section 78 of the Code of Civil Procedure does not apply to territorial authorities and to the special authorities. Unofficial table of contents

Section 19 Legal remedies

(1) The appeal of the appeal against the decision of the Landgericht is admissible if the decision is based on a violation of the law and the value of the subject matter exceeds EUR 5,000. The provisions of § § 546, 547, 559, 561 of the Code of Civil Procedure shall apply. (2) The appeal shall be filed with the Higher Regional Court within a period of one month from the date of delivery of the decision. § 18 (3) shall apply mutatis mutual; the special authority shall be responsible for the subsequent findings. (3) A civil senate of the Oberlandesgericht shall decide on the appeal. If the Oberlandesgericht (Oberlandesgericht) wishes to deviate from a decision of another Higher Regional Court or the Federal Court of Justice, which has been issued on the basis of this law, it shall submit the case to the Federal Court of Justice on the grounds of its legal opinion. In these cases, the decision will be taken in place of the Higher Regional Court. Unofficial table of contents

Section 20 Information of other bodies, update

(1) Insofar as the Special Authority is not responsible for the management of the Liegenschaftskatasters, it shall send a certified copy of the special certificate to that authority and, until it has been taken over into the Property Cataster, also the changes referred to in paragraph 2. (2) The limits of the land or of the powers of exercise specified in the special plan or plan according to § 11 may be amended in accordance with the general rules. The changes are to be shown in the special plan until they are transferred to the official register by the special authority; in the cases of § 11 this shall also apply to the part relating to the assignment. The special authority may ask the authority responsible for the management of the property register to take on this task. (3) A certified copy of the special plan also receives the land registry office. The changes to the special plan, such as changes in the official register, must be shown. To the extent that the land registry of the authority responsible for the management of the property register has to prove changes in the land register, it shall, pending the adoption of the special plan, place such evidence in the official list of those referred to in paragraph 2 for the Continuing competent authority. Unofficial table of contents

Section 21 Relationship with other procedures

Procedures in accordance with this law are procedures in accordance with the Construction Code, the 8th. Section of the Agricultural Adjustment Act, the Parcel Unification Act or the Allocation Rules. Unofficial table of contents

§ 22 Determination of the transmission of transmission

(1) Until the adoption of the Law on Law of Law, the Special Authority reserves the right to take a final decision on the claims in accordance with § 14. It may give the beneficiary the payment or deposit of any surcharges. (2) In a special notice pursuant to this Act, it may also be determined on which land building ownership pursuant to Article 233 (2b) of the Introductory Act to the Bourgeois Code of Law. Unofficial table of contents

Section 23 Regulation empowerment

The Federal Ministry of Justice is authorized to regulate the basic accounting treatment of shares in separate court rooms by means of a legal regulation with the consent of the Federal Council.