Home · 2026-04-01 · 6 minutes
Erfpacht and canon stay two lines
Erfpacht belongs in the file on two lines, not on one. One line is the right: an erfpacht can be an asset of the estate inventory, with a source for the value. The other line is the canon: it continues after the death and is a charge, not a detail in the margin. Do not enter a value yet, and do not enter a buy-out sum. An amount without a statement from the landowner is a guess. Ask the landowner what the right is, which parcel it concerns, and which canon was outstanding or due on the date of death. Keep that statement with both lines, so the asset and the charge are not read into each other.
The canon does not stop because the erfpachter has died. It remains a periodic charge under the terms of the right. This piece does not explain those terms and fills in no amount. Write the name of the landowner, the reference of the right if the paper names it, and the date of the last bill. If there was an arrears on the date of death, that is a debt with that statement as its source. A family memory of an annual amount is not that source. If there was a payment in advance, you note only what the statement itself names. Do not split a canon across months yourself, and do not invent a buy-out. Until the letter exists, both the value and the charge stay open.
Ask the landowner before you value the right. The question is simple: which right stands on this parcel, does the canon continue, and is there an outstanding amount on the date of death. Do not ask for a buy-out sum you thought up yourself, and do not send an offer. If the landowner of their own accord names a buy-out, you keep that letter as the source and you do not take the amount over as if the estate inventory has already decided. The value of the right and the charge of the canon remain two lines, even if one letter names both. Ervazo keeps the letter and the reply. It does not send them. Put a task in the name of the person who writes to the landowner, with the date on which the question must go out.
Two lines, a right and a canon, are enough to keep the file from going askew. One can be an asset once a source carries the value. The other is a charge for as long as the canon runs. Neither may be filled with a round amount to make the list look complete. An empty value is better than a buy-out sum that no one has confirmed. This is not legal advice. What the right contains, and which canon is due, is confirmed by the landowner on paper. How that right sits in the estate is confirmed by the notary from the deed.