Real estate law

As experienced lawyers, we advise & represent you in the purchase and sale of real estate

Whether it is the transfer of ownership or the measurement of the land area – many legal disputes also arise in real estate law that have not been considered in advance. A lawyer can advise in order to avoid disputes in advance. However, if there is a legal dispute, we represent our clients nationwide and can rely on our broad and deep experience in the field.

We represent and advise in all fields of law connected to real estate, most of which is regulated in the German Civil Code (BGB) and additional, also regional, statutes and regulations.

Your experts for real estate law:

Over 10 years of experience in real estate law
Quick initial assessment of your case
Free coverage request with your legal expenses insurance
Support with purchase and sale of property
Review of purchase contracts
We assist in all fields connected to real estate and provide help with all problems concerning ownership and property

If you would like to make an appointment, please feel free to call us on 030 856 13 77 20 or send us an email via our Contact form.

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The most important information on real estate law

First of all, there is the full right to the land, which denotes ownership. In addition, there are rights equivalent to real property, such as heritable building rights, and limited rights in rem. Limited rights in rem include usufruct, mortgages, land charges, annuities and mortgages.

In the legal sense, a plot of land is one or more parcels of land listed in a land register. It is a spatially limited part of the earth’s surface to which also belongs everything that is connected to it below and above the surface.

Since land often represents a high value, special contractual procedures have been established for the transfer of rights to it. In principle, the transfer of real property as a gift contract or a contract for the sale of real property requires notarial certification, which is laid down by law in the German Civil Code.

This is to ensure comprehensive clarification of the contracting parties, which the notary must provide. He informs the contracting parties of all relevant legal consequences associated with the transfer of a property.

What to consider when buying a purchase of land

The entry in the land register

The transfer of ownership of land is subject to a special regulation. Since a plot of land is a non-movable thing, a transfer cannot be executed in a recognisable act. Therefore, a transfer requires a so-called conveyance, which is notarised before a notary and which replaces the transfer of the land.

This is executed in a second step by entering the change in the land register. In the procedural process, an application for entry of the new owner in the land register is made with the declaration of conveyance. Only through this act is the actual ownership transferred. In some cases, however, ownership may already be transferred before the entry in the land register, e.g. through succession or through official acts in the context of a compulsory auction.
The reservation

Registration in the land register can be a lengthy process. A registration in the land register can be a lengthy To secure his right, a buyer can therefore secure his own claim to the transfer of a property by means of a so-called priority notice. This secures the buyer in such a way that the remaining owner cannot effectively make any other dispositions.

If, for example, an owner were to fraudulently sell a property twice, the more recent purchase contract would be invalid and entry in the land register would no longer be possible. In order to be able to register a priority notice, the buyer needs the consent of the seller or the beneficiary.
The seller's duty to inform

In general, a seller of a property is not obliged to draw attention to material defects that can be detected during an inspection without paying particular attention. A duty to provide information is particularly not given if assistance in the form of an architect is present at the buyer’s inspection. If the seller can credibly show that he has provided important information, it is the buyer’s task to prove that this information was not provided.

Nevertheless, the law on the sale of real property also provides for a warranty for material defects. Irrespective of the above, it should therefore always be examined to what extent such a warranty should or should not be excluded in any purchase contract to be concluded.

The purchase and sale of real estate is a complex process that is best handled with the help of an experienced lawyer.