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. What exactly real estate lawyers do and the best recommendations we have summarized for you! Back to overview: Real Estate Cologne.
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.
Basically, the legal framework generally referred to as real estate law can be divided into three areas. The first area is land law, which regulates the ownership of land. This includes the acquisition, sale and management of land and everything that is located on or under the earth’s surface. The next area to be mentioned is the heritable building right. This opens up the possibility of acquiring a property without buying the associated land. The buyer does not have to pay the entire price for the land, but only pays the ground rent. As a rule, such a leasehold contract lasts for 99 years and an extension is possible. Finally, there is the residential property law, as a relevant area of real estate law. This regulates the ownership of an apartment. Ownership of an apartment obliges membership in a condominium owners’ association. All residents must abide by the community rules and structural projects must be decided unanimously. The declaration of division of the condominium association regulates the exact ownership and should always be carefully gone through before buying a condominium, preferably with an expert, to know for sure who owns what.
Land law – ownership of land
Heritable building right – Separate ownership of a property
Residential property law – ownership of an apartment
What does a specialist lawyer for real estate law do?
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
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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