An Absolute Deed (Auflassungsurkunde) is a crucial legal instrument in German property law used to facilitate the formal transfer of real estate ownership. This document type is specifically required under German law when transferring property rights and must be notarized to be legally valid. The deed contains essential information about the property, parties involved, and specific terms of the transfer. It is used in various contexts, from simple residential property transfers to complex commercial real estate transactions. The document must comply with the German Civil Code (BGB) and Land Registry Act (GBO), making it a fundamental tool in German real estate transactions. An Absolute Deed is particularly important as it forms the basis for the entry in the land register (Grundbuch), without which the property transfer cannot be legally completed.
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1. Deed Title and Date: Official title of the deed and date of execution
2. Notarial Introduction: Standard notarial introduction required under German law, including notary identification and confirmation of parties present
3. Parties Identification: Detailed information about the transferor and transferee, including full legal names, addresses, and registration details if applicable
4. Property Description: Precise legal description of the property including land registry details, cadastral information, and physical address
5. Prior Title: Details of current ownership and reference to previous deed of title
6. Declaration of Transfer: Explicit statement of property transfer (Auflassung) as required by §925 BGB
7. Consideration: Statement of consideration or purchase price, if applicable
8. Representations and Warranties: Standard declarations regarding property title, encumbrances, and condition
9. Transfer of Possession: Terms regarding the transfer of possession and associated rights
10. Costs and Taxes: Allocation of transfer costs and tax obligations
11. Land Registry Instructions: Specific instructions for the land registry office (Grundbuchamt)
12. Execution: Formal execution block including notarial certification requirements
1. Encumbrances: Detailed section on existing encumbrances, used when the property has registered mortgages, easements, or other encumbrances
2. Special Conditions: Additional conditions or requirements specific to the transaction, used when there are unique circumstances or requirements
3. Power of Attorney: Required when any party is acting through an agent or representative
4. Pre-emption Rights: Used when there are statutory or contractual pre-emption rights affecting the property
5. Building Permits: Required for properties with ongoing construction or pending building permits
6. Environmental Provisions: Used when there are environmental issues or certifications relevant to the property
1. Property Plan: Official cadastral plan or property drawings
2. Land Register Extract: Current extract from the land register (Grundbuchauszug)
3. Building Documentation: Relevant building permits, plans, or certificates
4. Power of Attorney Documentation: Copies of relevant powers of attorney if applicable
5. Previous Deed References: Copies or references to relevant previous deeds
6. Due Diligence Reports: Technical or legal due diligence reports if referenced in the main deed
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