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Transfer Of Land Ownership Agreement
"I need a Transfer of Land Ownership Agreement for the sale of a commercial warehouse property in Munich, Germany, from ABC Manufacturing GmbH to XYZ Logistics GmbH, with completion planned for March 2025, including special provisions for existing tenant arrangements and environmental compliance requirements."
1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, addresses, and marital status as required by German law
2. Background: Context of the transfer and confirmation that the seller is the registered owner of the property
3. Definitions: Key terms used throughout the agreement, including property-specific terminology and legal concepts
4. Property Description: Detailed description of the property including land registry details (Grundbuch), plot numbers (Flurstück), and exact measurements
5. Purchase Price: Specification of the purchase price, payment terms, and escrow arrangements
6. Transfer of Ownership: Core provisions regarding the transfer of title, including the conveyance declaration (Auflassung)
7. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and title
8. Possession and Risk: Terms for transfer of possession (Übergabe) and assumption of risk
9. Costs and Taxes: Allocation of transfer costs, including notary fees, registration costs, and real estate transfer tax
10. Registration Authorities: Provisions regarding land registry registration and required approvals
11. Execution Requirements: Notarization requirements and execution formalities
1. Mortgage Arrangements: Required when existing mortgages need to be discharged or new mortgages are being registered
2. Tenant Provisions: Necessary when the property is subject to existing tenancies
3. Construction Obligations: Required when the property includes incomplete construction or planned developments
4. Environmental Provisions: Needed when there are environmental issues or contamination concerns
5. Rights of Way and Easements: Required when specific easements or rights need to be created or preserved
6. Pre-emption Rights: Necessary when there are statutory or contractual pre-emption rights
7. VAT Election: Required when the transaction is subject to VAT
8. Monument Protection: Needed when the property is subject to monument protection laws (Denkmalschutz)
1. Property Documents: Current land register extract (Grundbuchauszug) and cadastral map (Flurkarte)
2. Title Documentation: Copies of relevant title deeds and historical documents
3. Building Documentation: Building permits, plans, and certificates
4. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
5. Encumbrances Schedule: List of all registered encumbrances and easements
6. Payment Schedule: Detailed breakdown of purchase price payments and deadlines
7. Property Inventory: List of included fixtures, fittings, and other items
8. Due Diligence Reports: Technical surveys, environmental reports, and other due diligence findings
Authors
Land Register Extract (Grundbuchauszug)
Purchase Price (Kaufpreis)
Completion Date (Übergabetermin)
Conveyance Declaration (Auflassung)
Land Registry (Grundbuch)
Encumbrances (Belastungen)
Plot Number (Flurstück)
Cadastral Map (Flurkarte)
Land Charge (Grundschuld)
Transfer Date (Eigentumsübergang)
Notarial Deed (Notarielle Urkunde)
Priority Notice (Vormerkung)
Easements (Dienstbarkeiten)
Pre-emption Rights (Vorkaufsrechte)
Due Date (Fälligkeitstag)
Business Day (Werktag)
Possession (Besitz)
Building Permit (Baugenehmigung)
Energy Certificate (Energieausweis)
Monument Protection (Denkmalschutz)
Transfer Tax (Grunderwerbsteuer)
Associated Rights (Zubehör)
Fixtures and Fittings (Einbauten und Ausstattung)
Construction Encumbrance (Baulast)
Material Defect (Sachmangel)
Legal Defect (Rechtsmangel)
Vacant Possession (Räumung)
Registration Costs (Eintragungskosten)
Notary Costs (Notarkosten)
Recitals
Definitions
Property Description
Sale and Purchase
Purchase Price
Payment Terms
Transfer of Title
Possession Transfer
Warranties and Representations
Encumbrances
Pre-emption Rights
Due Diligence
Property Condition
Environmental Matters
Building Regulations
Energy Performance
Tax Provisions
Registration Requirements
Notarization
Land Registry
Costs and Expenses
Risk Transfer
Insurance
Existing Tenancies
Utilities and Services
Municipal Requirements
Compliance
Authority and Capacity
Force Majeure
Severability
Governing Law
Dispute Resolution
Entire Agreement
Notices
Assignment
Third Party Rights
Amendment
Counterparts
Real Estate
Construction
Banking and Finance
Agriculture
Commercial Property
Residential Property
Industrial
Retail
Hospitality
Urban Development
Infrastructure
Legal
Real Estate
Compliance
Finance
Property Management
Investment
Asset Management
Development
Construction
Due Diligence
Corporate
Real Estate Lawyer
Property Manager
Real Estate Developer
Legal Counsel
Compliance Officer
Real Estate Agent
Property Surveyor
Transaction Manager
Asset Manager
Portfolio Manager
Investment Manager
Facilities Manager
Construction Manager
Commercial Director
Chief Legal Officer
Chief Financial Officer
Real Estate Investment Analyst
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