The Deed Of Sale Of A Portion Of Land (Kaufvertrag über einen Grundstücksteil) is a specialized legal document used in German real estate transactions when selling part of an existing land parcel. This document is essential in situations where a landowner wishes to sell only a portion of their property, requiring formal land division and new boundary establishment. The deed must be notarized according to German law and includes comprehensive details about the divided property, including new boundary definitions, access rights, utility arrangements, and any necessary easements. It's particularly important in development projects, family property divisions, or commercial land sales where existing plots are being subdivided. The document must comply with strict German property law requirements, including the Civil Code (BGB), Land Registry Act (GBO), and relevant building and planning regulations.
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1. Parties (Parteien): Identification and details of the seller and buyer, including full legal names, addresses, and marital status if relevant
2. Background (Vorbemerkung): Context of the sale, including current ownership status and reason for division
3. Definitions (Definitionen): Key terms used throughout the deed
4. Object of Sale (Kaufgegenstand): Detailed description of the portion of land being sold, including exact measurements, boundaries, and reference to survey plans
5. Purchase Price (Kaufpreis): Specified purchase price, payment terms, and escrow arrangements
6. Transfer of Ownership (Eigentumsübertragung): Terms and conditions for the transfer of ownership, including land registry requirements
7. Warranties and Representations (Gewährleistungen): Seller's warranties regarding property condition, encumbrances, and legal status
8. Possession, Benefits and Burdens (Besitz, Nutzen und Lasten): Transfer date of possession and associated rights and obligations
9. Costs and Taxes (Kosten und Steuern): Allocation of transaction costs, including notary fees, taxes, and registration costs
10. Power of Attorney (Vollmacht): Authorization for land registry applications and related actions
11. Execution (Ausführung): Formal execution requirements and notarization statements
1. Easements and Rights of Way (Grunddienstbarkeiten): Used when new easements need to be created due to the land division
2. Building Restrictions (Bauliche Beschränkungen): Include when specific building restrictions apply to the divided land
3. Utilities and Infrastructure (Ver- und Entsorgungseinrichtungen): Required when addressing shared utilities or new connections needed
4. Development Obligations (Erschließungspflichten): Include when there are specific development requirements or costs
5. Pre-emption Rights (Vorkaufsrechte): Used when granting specific pre-emption rights to either party
6. Environmental Provisions (Umweltrechtliche Bestimmungen): Include when there are environmental considerations or contamination issues
1. Land Survey Plan (Vermessungsplan): Official survey plan showing the division of land and new boundaries
2. Land Register Extract (Grundbuchauszug): Current extract from the land register showing ownership and encumbrances
3. Cadastral Map (Katasterauszug): Official cadastral documentation of the property
4. Building Permits (Baugenehmigungen): Copies of relevant building permits or zoning certificates if applicable
5. Utility Plans (Versorgungspläne): Plans showing utility connections and infrastructure
6. Photos and Site Documentation (Fotodokumentation): Visual documentation of the property and boundaries
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