Tag Archive for: Asset Allocation

Easement – definition, three types & in English

Easement – An easement is a right over another person’s property, such as real estate. Three types of easements are recorded in the BGB. These rights, which are regulated in law by definition, are the limited personal easement, the easement and the usufruct. The limited personal easement is the right to a property in favour […]

Inherited house – own use, rent or sell?

A house is a “big” inheritance, facing a large amount of money and with responsibilities. In openly communicating families, you as the heir do not have to consider whether you should accept the house or disclaim the inheritance. If you do not know whether the house is encumbered with a major land charge or mortgage […]

Inherited apartment – sale, rent or own use?

Not only houses, but also condominiums are inherited more and more frequently. The inheritance of an apartment is more complex than is the case with houses due to various special features. Even as an apartment heir, you are well advised to choose experienced real estate agents. In your emotionally and psychologically stressed situation as an […]

Divorce procedure – possibilities, advice, solutions

Divorce, process, options, advice, solutions, home, property, financing, sell, keep, property division, prenuptial agreement, tips. Among all joint acquisitions, the house stands as the largest asset in your possession. For this reason alone, a jointly acquired property purchased during the marriage period will also be the biggest “bone of contention” when it comes to the […]

Compulsory mortgage as security mortgage

Compulsory mortgage – A compulsory mortgage is the registration of a mortgage in the land register in the course of a compulsory execution. A forced mortgage is also considered a security mortgage, but unlike a normal mortgage, it is not contractually agreed and is entered in the land register in the course of the foreclosure. […]

Ideal division of a property

Ideal division – In the ideal division of a property, co-ownership of several owners is created, which is entered in the land register. In this case, the property is not actually divided into independent parts, but the owners regulate their rights and obligations in a notarised declaration of division. In this declaration it is to […]

Legitimate interest in certain data in the land register

Legitimate interest – Anyone who wishes to obtain individual data on specific persons or on third-party properties must assert a legitimate interest. Accordingly, anyone who can demonstrate a legitimate interest is permitted to inspect the land register. Who can have among other things a justified interest are for example registered owners, or those to their […]

Prior notice of conveyance (land register) as reservation of title to a property

Conveyance notice (land register) – The conveyance notice refers to the agreement that the ownership of a property is to be transferred from the seller to the purchaser of the property and that this transfer of ownership is to be executed in the land register. Due to the conditional immediate reaction of the land register, […]

Conveyance (land register) of the ownership of a property

Conveyance (land register) – Conveyance is the agreement of the buyer and seller that ownership of the property is to be transferred to the purchaser and the transfer of ownership is to be executed in the land register. Only with the conveyance and the completed entry in the land register does the purchaser receive the […]

Sole ownership of land

Sole ownership – Sole ownership is the right of the owner of a certain object or piece of land to determine this thing alone. In the case of real estate, ownership is determined by which owner is registered in the land register. The sole owner of a property has the right to do whatever he […]

Real estate annuity for financing a property

Real estate annuity – If the buyer of a property cannot immediately or fully raise the financing, it can be agreed that the purchaser pays the seller an ongoing annuity. The purchaser’s payment obligation must be secured in rem in the land register, as the real estate annuity is long-term and the seller must protect […]

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. The content of the easement should be agreed as specifically as possible in order to avoid ambiguities and minimise the potential […]