Unencumbered with respect to the liens on real property

Unencumbered – A seller of a property is obliged to hand over the property to the buyer unencumbered. Unencumbered means that no third party rights to the property may be entered in the land register. If third party rights are nevertheless listed in the land register, it must be discussed which ones are to be deleted and which ones will be transferred to the buyer. The notary must guarantee that a property is handed over to a buyer free of encumbrances, unless these are agreed encumbrances.

Unencumbered at a glance: Securing receivables

• Seller of a property is obliged to hand over the property to the buyer free of encumbrances
• Unencumbered: no third-party rights to the property are entered in the land register
• If third party rights are listed, agreement must be reached as to which are to be deleted and which are to be transferred to the buyer.
• Notary must guarantee that the property is transferred to the purchaser free of encumbrances, unless otherwise agreed.

Back to the wiki: Real Estate