Partition order – Through the partition order, the testator can change the legal succession in his estate and determine which of his heirs should receive which assets. This allows him to make the order for the division of the estate. It is important to make a partition order specific and unambiguous so that the sale […]
Division of land – In the division of land, a distinction is made between real and ideal division. In the case of the real division of land, a plot of land is actually divided into several plots, each of which is recorded separately in the land register. The reasons for a real division of a […]
Partial legal capacity (WEG) – Partial legal capacity is the ability to be the bearer of rights and obligations, to participate actively in legal transactions as a legal entity and to sue and be sued in legal proceedings. Partial legal capacity also means that a condominium owners’ association does not have all the rights that […]
Building file at the building authority – When building applications are processed, the responsible clerk creates a building file at the building authority. This file contains all floor plans, documents, statics and building plans in connection with the building project. These documents are important for the granting of the building permit by the responsible building […]
Malicious concealment – In the case of malicious concealment, the seller or broker is accused, among other things, of concealing defects in the property. If the seller or broker has a duty of disclosure but attempts to conceal the defects known to him, the accusation of fraudulent concealment is in the foreground. Concealment includes the […]
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 […]
Notary’s confirmation – The notary’s confirmation is a written confirmation from the notary to the bank that the land charge will be entered in the correct order of priority and that no other applications stand in the way of this. The confirmation plays a significant role in the execution of real estate contracts, as it […]
Partial ownership – Partial ownership is the special ownership of rooms in a building that are not used for residential purposes. This means that, unlike condominium ownership, it consists of commercially used units and accordingly cannot be used for residential purposes. If condominium ownership is to be converted into partial ownership, the consent of all […]
Submarket – In real estate, the market is divided into several submarkets. These submarkets include residential, commercial, industrial, and specialty real estate. Each of these submarkets can be further subdivided. For example, the residential market can be divided into houses and apartments, which can then be further subdivided. It is not uncommon for submarkets to […]
Index rent – Index rent is a variable rent, which means that an agreed basic rent is changeable. It is therefore a written agreement where the rent may only refer to the consumer price index (CPI). However, if the contract refers to any other index, it is invalid. Furthermore, the rent must remain unchanged for […]
Right of way – A right of way is the right to use accesses and paths that lead from a public road across another’s property to one’s own property. Taking the path over another’s property only serves the purpose of using it as a passageway or thoroughfare. The right of way must be registered in […]
Standard land value (Berlin) – The standard land value refers to the land and the undeveloped property. This is the average site value in euros per square metre for the land in an area, taking into account the different development status. In Berlin, the standard land values from 1964 until today can be queried online […]
