The Deed of Assignment of Land is a crucial document in German property law, used whenever real estate ownership needs to be transferred between parties. It forms the legal basis for property transfers in Germany and must comply with the strict formalities prescribed by the German Civil Code (Bürgerliches Gesetzbuch - BGB). This document is essential for both private and commercial property transactions, requiring notarization and subsequent registration in the German land registry (Grundbuch). The deed includes comprehensive details about the property, parties involved, consideration, and transfer terms. It's particularly important to note that under German law, property transfer agreements must be notarized to be legally valid, and the actual transfer of ownership only occurs upon registration in the land registry.
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1. Parties: Identification of the transferor (assignor) and transferee (assignee) with full legal names, addresses, and registration details if applicable
2. Background: Context of the assignment, including current ownership status and reason for transfer
3. Definitions: Key terms used throughout the deed, including Property, Transfer Date, and other relevant definitions
4. Property Description: Detailed description of the land including exact location, boundaries, land registry details (Grundbuch), and parcel numbers (Flurstück)
5. Consideration: Purchase price or other consideration for the transfer, payment terms, and payment method
6. Transfer Declaration: Formal declaration of transfer (Auflassung) as required by German law
7. Representations and Warranties: Assignor's warranties regarding ownership, encumbrances, and property condition
8. Possession and Risk: Terms regarding transfer of possession, keys, and risk allocation
9. Costs and Taxes: Allocation of transfer costs, including notary fees, registration costs, and real estate transfer tax
10. Registration Authorization: Authorization for land registry registration and related actions
11. Execution: Formal execution block for notarization
1. Existing Encumbrances: Details of any existing mortgages, easements, or other encumbrances that will remain after transfer
2. Environmental Provisions: Specific provisions regarding environmental conditions or contamination, used when there are known environmental issues
3. Building Permits: Information about existing building permits or restrictions, included when relevant to property development
4. Tenant Rights: Details of existing tenancies and their treatment, required when property is subject to lease agreements
5. Pre-emption Rights: Addressing any existing pre-emption rights (Vorkaufsrecht), included when applicable
6. Development Obligations: Specific obligations regarding future development of the land, included when there are development requirements
7. Utilities and Connections: Details about utility connections and related rights, included for properties with specific utility arrangements
1. Land Registry Extract: Current official extract from the Grundbuch showing ownership and encumbrances
2. Cadastral Map: Official cadastral map (Flurkarte) showing the property boundaries and location
3. Property Plans: Architectural or site plans of any buildings on the property
4. Title Documents: Copies of previous title documents and relevant permits
5. Environmental Reports: Any environmental assessment reports or soil investigations
6. Utility Plans: Plans showing utility connections and easements
7. Photo Documentation: Current photographs of the property and its boundaries
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