Notarizations in real estate law

Our notaries provide advice in the whole field of real estate law. They carry out all notarizations for immovable property transfers, easements and modifications thereof as well as pledge contracts. Our notaries will also gladly provide support regarding the division of land into sections or plots and customised legal arrangements of encroachments.

Immovable property transfers

The transfer of immovable property is usually done within the framework of a purchase agreement. Frequently, however, an immovable property or condominium is transferred due to succession planning within a family (e.g. inheritance advance or gift) or corporate restructuring. In any case, our notaries will check the situation in the land register, provide advice for choosing the right legal transaction (purchase agreement, barter agreement or gift contract, preliminary purchase agreement, establishing the right of pre-purchase, purchase or repurchase), promptly draw up the necessary contracts, obtain any required licences (agricultural land rights, license for purchases made by foreign nationals (Lex Koller), deletion licences of pension funds, easement beneficiaries etc.) and carry out the required public notarizations.

Encroachments

Our notaries will gladly advise you in planning and preparing the necessary legal steps for smaller and larger encroachments. In close collaboration with land registry offices and surveyors, we will draw up land division requests and find pragmatic and sustainable solutions even for complex issues (joint ownership of underground parking, common installations etc.). We will establish the necessary easements (rights to build in closer proximity, boundary building rights, rights of way, rights of use etc.) and clear any existing or no longer useful entries in the land register. We will also establish individually required regulations for condominiums or rented property.

Building rights, usufruct, right of residence and other easements

By establishing building rights, the ownership of buildings and installations can be allocated to somebody other than the real estate owner. A building rights contract governs the content and extent of building rights as well as the compensation thereof. Our experienced notaries will gladly draw up and notarize a building rights contract for you.

The right of residence and usufruct of immovable property are often established in the framework of immovable property transfers within a family. Contrary to the right of residence, which is directly linked to the eligible person and therefore not inheritable and not transferrable, usufruct beneficiaries of an immovable property are entitled to either live there themselves or rent it out and be entitled to the respective rental income. When choosing the suitable easements, our notaries will gladly advise you.

Easements are often established within the framework of neighbourly regulations (boundary building right, right to build in closer proximity, building ban, trade ban etc.). We will present you with suitable, long-term and sustainable solutions, support you in drawing up the necessary plans and carry out the necessary notarizations.

Mortgage notes and other charges on immovable property

Mortgage rights are pledge rights to protect debts (usually mortgage loans) on immovable property. If payment obligations are not fulfilled, mortgage rights give the creditor the right to use the respective property in order to pay the protected debt with its proceeds.

In cooperation with your bank, our notaries will provide support in obtaining, modifying and clearing mortgage rights (register mortgage certificates, paper bearer mortgage, and mortgage certificates) and carry out all necessary public notarizations.