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
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.
The legal field of real estate law, which is not officially delimited, is made up of three different areas. First of all, there is land law. This regulates the ownership claims to land and property. The purchase, sale and management of land and everything on or under it is clearly defined by land law. The next relevant area of law is the heritable building right. This defines the option to purchase a property without having to buy the associated land for the full price. The buyer does not have to pay for the land, but simply pays a previously agreed ground rent on a regular basis. In most cases, such a ground lease is concluded for 99 years and an extension is often offered. The agreed period can vary. The third relevant law is the residential property law, as the last sub-area of the real estate law. This law regulates the ownership of an apartment. Ownership of an apartment obliges one to become a member of the local condominium owners’ association. The community rules are the set of rules governing the conduct of all residents and any building projects, which must always be unanimously agreed. The declaration of division within the condominium association regulates the respective ownership rights. Before acquiring a condominium, it should be reviewed with a specialist lawyer for real estate law in order to know its claims.
Land law – ownership of land
Heritable building right – Several owners of a property
Residential property law – ownership of an apartment
How does a specialist lawyer for real estate law work?
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 Bad Homburg area?
More good recommendations in Bad Homburg and the surrounding area.
Book tips real estate law – from BGB to expert tip
Various books of law, such as the German Civil Code (BGB), the Residential Mediation Act (Wohnungsvermittlungsgesetz), the Land Register Regulations (Grundbuchordnung), the Heritable Building Rights Act (Erbbaurechtsgesetz) or the Real Estate Agents and Property Developers Ordinance (Makler- und Bauträgerverordnung) deal with real estate law. In this book, various aspects of real estate law are dealt with.
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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