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Estate Deed Template for Switzerland

A Swiss Estate Deed (Kaufurkunde/Acte de Vente) is a formal legal document that effectuates the transfer of real estate ownership in Switzerland. This document must comply with strict Swiss federal and cantonal requirements, including mandatory notarization. It contains detailed property descriptions, parties' information, transfer terms, and various legal declarations required under Swiss law. The deed must meet specific formatting and content requirements for registration in the Swiss land registry (Grundbuch/Registre foncier) and comply with relevant provisions of the Swiss Civil Code and cantonal regulations.

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What is a Estate Deed?

An Estate Deed is a fundamental legal document used in Swiss property transactions to transfer real estate ownership from one party to another. This document type is mandatory for all real estate transfers in Switzerland and must be executed in the form of a public deed (öffentliche Urkunde/acte authentique) by a licensed notary. The Estate Deed includes comprehensive details about the property, parties involved, consideration, and various legal declarations required under Swiss federal and cantonal laws. It serves multiple purposes: documenting the transfer agreement, meeting land registry requirements, establishing the basis for property taxation, and ensuring compliance with various regulations including Lex Koller for foreign buyers. The document must be drafted with precision as it forms the basis for the official registration of ownership change in the Swiss land registry system.

What sections should be included in a Estate Deed?

1. Parties: Full legal identification of the transferor(s) and transferee(s), including names, dates of birth, nationalities, and registered addresses

2. Property Details: Precise legal description of the property including land registry details, parcel number, size, location, and building details as registered

3. Transfer Declaration: Explicit statement of transfer of ownership and the legal basis for the transfer

4. Consideration: Details of the purchase price or other consideration, payment terms, and confirmation of payment if applicable

5. Property Condition: Statement regarding the current condition of the property and any known defects

6. Existing Encumbrances: List of all registered encumbrances, easements, and restrictions on the property

7. Transfer Date: Specified date for the legal transfer of ownership and possession

8. Taxes and Costs: Allocation of transfer taxes, notary fees, and registration costs between parties

9. Warranties: Statutory and additional warranties provided by the transferor

10. Notarial Certification: Required notarial statements and certifications as per Swiss law

What sections are optional to include in a Estate Deed?

1. Mortgage Provisions: Details of existing mortgages and their handling, used when the property has existing mortgage obligations

2. Special Usage Rights: Description of any retained rights or special arrangements, included when specific usage rights are being retained

3. Environmental Declarations: Statements regarding environmental conditions or contamination, required if property is in environmental risk zones

4. Foreign Ownership Compliance: Lex Koller compliance statements, required for foreign buyers

5. Agricultural Land Provisions: Special provisions required under BGBB/LDFR, included for rural/agricultural properties

6. Spousal Consent: Specific consent declarations, required when transferor is married or in registered partnership

7. Pre-emption Rights: Details of any pre-emption rights, included when such rights exist or are being created

What schedules should be included in a Estate Deed?

1. Property Plan: Official cadastral survey plan and property boundaries

2. Land Registry Extract: Current certified extract from the land registry

3. Building Plans: Approved building plans and permits if buildings are included

4. Photo Documentation: Current photographs of the property and buildings

5. Property Insurance Certificates: Current building insurance certificates and valuations

6. Technical Reports: Any relevant technical or environmental assessment reports

7. Payment Confirmations: Bank confirmations of purchase price payment or escrow arrangements

8. Identity Documents: Certified copies of parties' identification documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Property Deed

Cost

Free to use

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