Lawyers settle any legal issues in a wide variety of areas. A specialist lawyer for real estate is an expert in legal issues around the topic, real estate, condominium, house and land. What you need to know about a real estate lawyer, learn from us! Back to overview: Real Estate Hamburg.
Specialist lawyer for real estate: house, condominium and land
In addition to the actual training as a lawyer, specialist lawyers have specialized in a particular subject and have a particularly extensive subject-related knowledge. This is particularly important for legal disputes that explicitly concern a certain specialist area.
Definition – What does real estate law mean?
Real estate law can be defined as follows: “Real estate law includes the legal aspects of real property and covers all related areas of law.” However, the law does not use the term because real estate law spans many different areas of law.
What is generally understood as real estate law is mainly composed of three different areas of law. The first relevant area is the area of land law. Ownership of land and property are defined here by law. This includes the purchase, sale and management of land and everything on or under it. The second area is the heritable building right. This describes the possibility of building or buying a property without having to purchase the associated land for its full price. The buyer does not pay for the land, but simply pays a previously agreed ground rent. As a rule, a leasehold contract is concluded for 99 years and an extension is left open as an option. However, the period can be agreed individually between buyer and seller. The third area comprises residential property law, as the last sub-area of real estate law. This law regulates the ownership of apartments in apartment buildings. Ownership of an apartment obliges membership in the condominium owners’ association. The community rules are the framework agreement for the cohabitation of all residents. Construction projects must be agreed and decided jointly by all parties. The declaration of division of the condominium association regulates the ownership rights of each tenant. Before purchasing a condominium, it should be viewed with an expert in the area to understand its full entitlements.
Land law – ownership of land
Heritable building right – Separate ownership of a property
Residential property law – ownership of an apartment
Overview of the activities of a real estate lawyer
If you want to hire a specialist lawyer as an expert for your own legal advice, you first need to know which areas of law are covered by the respective law firm. Therefore, the first big question is: What does a lawyer specializing in land and real estate law do?
Review of experts for land and real estate contracts
Participation and representation in the conclusion of contracts (before, during and after)
In the case of project development, contract management can be taken over on request
The handling of purchase price and warranty claims
Extensive control of warranty and limitation periods in real estate transactions
Due Diligence Reviews
Authority Representation
Examination and clarification of neighbouring conditions
Conducting independent evidence proceedings and litigation
Book tips real estate law – from BGB to expert tip
Books on the subject of real estate law are numerous. Many different codes deal with the subject of real estate. The most important ones are the BGB, the Beurkundungsgesetz, the Grundbuchordnung, the Erbbaurechtsgesetz and the Maklerrecht (which can be found in the BGB).
Real estate disputes: Rising legal cases
Based on the figures of the Federal Statistical Office, one can see very well that lawyers are currently booming. Especially since 2014, the number of cases has been increasing and thus, of course, the costs for legal advice.
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