Do you wish to buy or sell a property? If so, I and my team will be pleased to help. Buying a house or apartment usually involves major assets. This calls for particular care when formulating and executing the contract. Notaries Public are very experienced in terms of recognizing stumbling blocks when purchasing property, and in mitigating these through contractual rulings. Where the contract parties have not yet reached an agreement, the Notary Public can act as mediator and propose formulations that achieve a balance between seller and buyer. The Notary Public also offers the parties support during execution of the contract of purchase. He handles the correspondence with land registries, banks, authorities and other parties involved.
If you are involved in commercial property dealings, you will find my notary’s office a reliable and professional partner. Accompanying property-developer projects has been part of the services offered by the notary’s office for decades. Consequently, you can rely not only on perfect legal processing, but also on account being taken of the special organizational requirements of commercial property projects. This also applies if you acquire residential property for commercial purposes, and sell it on after partition into freehold apartments and possibly renovation. In this respect, it goes without saying that – in the interests of both the seller and the buyer – the contracts must satisfy the requirements of case law on consumer protection and of the increasingly complex legal framework.
I am also pleased to advise you if you wish to transfer a property as a gift. There are very differing reasons for wishing to transfer a property to somebody else as a gift. Sometimes it is a matter of transferring to children in order to anticipate succession, sometimes a matter of protecting the spouse. Gifts may also be based on tax or social-law considerations, or designed to avoid liability. Sometimes, problems related to compulsory portions can be solved by transferring property inter vivos – for example in patchwork situations. At the start of every transfer of property, it is therefore important to make a careful analysis of the aims of the gift and how these can be achieved. Another important factor concerns the rights that the giver of the gift wishes to retain, such as a usufructuary right or a right of residence, or the right to demand return of the property under certain circumstances. Naturally, we work closely with your tax consultant wherever tax aspects play a role.
We also offer assistance if you wish to partition your multiple-family house into freehold apartments. We shall gladly accompany you from the outset, so that matters proceed in the right direction even before the partition plans are drawn up and the official certificate of self-containment is obtained. Orderly preparation, a tailor-made declaration of partition and close cooperation with the responsible land registry contribute towards the smoothest possible partition into residential property. The same applies if the declaration of participation or the regulations of a community of apartment owners have to be changed. Here, we help not only with the correct legal formulation but also with execution which, especially with large communities of apartment owners, places particular organizational demands on the notary’s office given the high number of apartment owners and banks involved.
Persons who need to have a land charge or mortgage entered against their real property for a bank are frequently confronted with documents that are difficult to understand. As Notary Public, I explain the background to these forms, and make clear what encumbrance of your property means for you at the end of the day. If the matter does not concern bank financing but rather the securing of private loans through the land register, for example within the family, we look for the best and most cost-favorable solution together with the client.
My team and I are naturally also at your disposal for all other notarizations related to property matters. Examples are:
- cancellation of land charges and mortgages in the land register
- entry of easements (e.g. rights of way, pipeline easements, overbuilding rights)
- agreement of usufructuary rights and rights of residency
- authentication of real property powers of attorney for Germany and abroad
- authentication of property-manager consents and meeting minutes for communities of apartment owners
- accompanying public notice procedures, for example in the event of loss of property-charge certificates
- correction of land register following accruals of inheritance
- correction of land register following changes in property companies