A real estate lawyer is defined by the field of real estate and is therefore a specialist lawyer. He has extensive expertise in the field of real estate and can advise on legal issues around the topic of house, apartment, land to the side. Which tasks a real estate lawyer still fulfils and where the best real estate lawyer is in your area, you will find out from us! Back to overview: Real Estate Munich.
Specialist lawyer for real estate: house, condominium and land
Anyone who has help or a dispute in real estate can seek the help of a real estate attorney. This person can not only help with questions, but also act as a representative in the event of a dispute.
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.
The area of law known as real estate law comprises three areas. Firstly, there is the area of land law, which regulates the ownership of land. This includes the acquisition, sale and management of land and everything on or under it. The next relevant area is heritable building rights. This describes the possibility of buying a property without acquiring the associated land. The buyer does not have to pay the full price for the land, but only pays the ground rent. Usually, such a ground lease contract lasts for 99 years and an extension is possible. However, the period can be agreed individually between the two parties. Finally, there is the residential property law, as the third sub-area of the real estate law. This law regulates the ownership of a dwelling. 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 jointly with all residents. The declaration of division of the condominium association regulates the exact ownership claims and should always be gone through in detail before buying a condominium, preferably with a lawyer, to be sure who owns what.
Land law – ownership of land
Heritable building right – Separate ownership of a property
Residential property law – ownership of an apartment
Concrete 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
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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