A specialist real estate lawyer is an expert in legal matters relating to house, flat, land and property. Such a lawyer can provide advice and assistance with any questions or legal disputes in the area of real estate. We have summarized what exactly real estate lawyers do and the best recommendations for you!
Specialist lawyer for real estate: house, condominium and land
Since the field of real estate law is very extensive, it is considered a separate specialty. Lawyers can further their education within this field and acquire explicit subject-related knowledge. Such specialist lawyers are particularly popular in legal disputes involving specific regulations from the particular field.
Definition – What does real estate law mean?
Real estate law can be defined as all legal aspects relating to real estate. Real estate law, however, very much encroaches on the most diverse areas of law, which is why the term real estate law is not used by law.
Real estate law is not a precisely defined area of law, but an established term for the main areas of law dealing with the purchase, sale and management of all immovable property. The first area to be covered is the area of land law. The ownership of land and property are described here by law. This includes the purchase, sale and administration of land and everything on it or under it. The second area is the so-called heritable building right. With the hereditary building right the right is sold to the buyer up to 99 years, depending upon met agreement, to use a property and to build on it. The heritable building right holder does not pay the full price of the land, but pays a previously fixed ground rent on a regular basis. Often a ground lease is concluded for 99 years and an extension is offered as an option. However, the exact period can be agreed individually in each case. The third relevant area of law is residential property law. The laws pertaining to this regulate the ownership rights of condominiums in apartment buildings. Membership in the respective condominium owners’ association is mandatory as a condominium owner. Community order is called the framework agreement which regulates the living together firmly. All construction projects must be unanimously agreed upon and coordinated among all resident parties. Each tenant can read in detail his ownership rights in the declaration of division of the condominium owners’ association. In any case, we can recommend a consultation with an expert in the field of real estate law in advance.
Land law – ownership of land
Heritable building right – Separate ownership of a property
Residential property law – ownership of apartment
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 with a focus on 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
Recommendation for specialist lawyers in the Mainz area?
More good recommendations in Mainz and the surrounding area.
Book tips real estate law – from BGB to expert tip
Real estate law can be found in a wide variety of legal books. The BGB (German Civil Code) contains some important passages, but also other legal books, such as the Beurkundungsgesetz (BeurkG) are used in the field of real estate law.
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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