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Partition auction (Lexikon) of a property

The partition auction is a special form of compulsory auction under §§ 180–185 of the German Enforcement Act (ZVG), used to dissolve an owners’ community in a property when the co-owners cannot agree on a voluntary sale. Unlike the classic compulsory auction, this process is not about satisfying a creditor, but rather about the division […]

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Partition measurement of the new property boundaries

Partition measurement – Partition measurement plays an important role in the division of a plot of land. If the partial area of a property is to be sold and given its own sheet in the land register, a partition survey must be carried out, which records the new property boundaries in the real estate cadastre. […]

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Declaration of division for the division into co-ownership shares

Declaration of division – In the declaration of division, a property is divided into co-ownership shares. This means that the owner specifies that the ownership of a property is to be divided in such a way that each share is associated with the separate ownership of an apartment or a room not used for residential […]

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Gross rent

Gross rent – Gross rent is when all ancillary costs for a rented property are directly included in the rent and no further costs are incurred. More financial tips: finance guide. A distinction is made between the gross warm rent and the gross cold rent. In the case of the warm rent, all operating costs […]

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Partition order in the estate of a testator

Partition order – Through the partition order, the testator can change the legal succession in his estate and determine which of his heirs should receive which assets. This allows him to make the order for the division of the estate. It is important to make a partition order specific and unambiguous so that the sale […]

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Partition of land in comparison

Division of land – In the division of land, a distinction is made between real and ideal division. In the case of the real division of land, a plot of land is actually divided into several plots, each of which is recorded separately in the land register. The reasons for a real division of a […]

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Partial legal capacity (WEG) of the condominium owners’ association

Partial legal capacity (WEG) – Partial legal capacity is the ability to be the bearer of rights and obligations, to participate actively in legal transactions as a legal entity and to sue and be sued in legal proceedings. Partial legal capacity also means that a condominium owners’ association does not have all the rights that […]

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Building file at the building authority

Building file at the building authority – When building applications are processed, the responsible clerk creates a building file at the building authority. Planning a build? See our building & renovation. This file contains all floor plans, documents, statics and building plans in connection with the building project. These documents are important for the granting […]

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Fraudulent concealment of factual circumstances

Malicious concealment – In the case of malicious concealment, the seller or broker is accused, among other things, of concealing defects in the property. Our guide: sell your property. If the seller or broker has a duty of disclosure but attempts to conceal the defects known to him, the accusation of fraudulent concealment is in […]

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Personal easement

Limited personal easement – If a limited personal easement is registered in the land register, it enables the person in whose favour the easement is registered to use the property in a certain way. More on Lukinski.com. The content of the easement should be agreed as specifically as possible in order to avoid ambiguities and […]

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Notary confirmation for the registration of the land charge

Notary’s confirmation – The notary’s confirmation is a written confirmation from the notary to the bank that the land charge will be entered in the correct order of priority and that no other applications stand in the way of this. The confirmation plays a significant role in the execution of real estate contracts, as it […]

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