PRACTICE AREA
Real Estate Law
Real Estate Transactions
& Agreements
From preparation and contract drafting to land registry procedures.
Clear, candid advice
Clear explanations
Careful document drafting
Ongoing communication
BEFORE A REAL ESTATE TRANSACTION
Key terms are worth reviewing
in advance
The sale or gift of real estate, or the arrangement of rights relating to a property, requires careful consideration and informed decisions. Legal preparation therefore does not begin with drafting the document.
First, I review the circumstances of the matter, the parties’ agreement and the key issues that need to be clearly and accurately addressed in the contract or other legal document.
WHAT SHOULD BE ADDRESSED FROM THE OUTSET:
- the parties’ objectives and the key terms of their agreement;
- the ownership and legal status of the property, including any encumbrances;
- the terms of performance and, where relevant, the handover of possession.
REAL ESTATE MATTERS
How can I assist?
Real estate sale and purchase
Gift of real estate
Use agreements
Usufruct
Easements
Condominium formation
Key Areas of Real Estate Law
The circumstances of real estate transactions and the legal steps required
may vary from case to case.
Real Estate Sale and Purchase
Legal assistance with the sale and purchase of real estate, from reviewing the terms and preparing the agreement to the related land registry procedure.
Buying or selling real estate is usually a significant financial decision. It is therefore important that the parties’ agreement is accurately reflected in the contract and that the terms of the transaction are clear to everyone involved.
Before preparing the agreement, I review the key circumstances of the matter and the legal status of the property.
The sale and purchase agreement typically needs to address, among other things:
- the purchase price and the method of payment;
- the date and terms of handover of possession;
- the ownership and legal status of the property;
- any other terms relevant to the transaction.
IMPORTANT TO KNOW:
To assess the legal status of a property accurately, it is essential to review an up-to-date land register extract. This allows the ownership details, as well as any registered rights, encumbrances and other material facts affecting the property, to be verified.
Legal assistance may include:
- reviewing the circumstances of the transaction and the property details;
- preparing and discussing the sale and purchase agreement;
- explaining the key contractual terms in clear language;
- handling the related land registry procedure.
Gift of Real Estate
Preparation of the agreement and legal assistance with transferring ownership of real estate by way of gift.
When real estate is given as a gift, it is important that the parties’ intentions are recorded precisely and unambiguously in the agreement. Although gifts often take place between family members or other people in a close relationship, they may determine the ownership structure of the property for many years.
Before preparing the document, I review what the parties wish to achieve and whether any additional rights or conditions need to be arranged.
A gift may also have transfer duty implications, so this aspect is worth clarifying before the document is prepared.
A gift may involve, for example:
- the transfer of the entire property or an ownership share;
- the creation or retention of a usufruct;
- existing rights and encumbrances affecting the property;
- specific conditions attached to the gift.
IMPORTANT TO KNOW:
A gift of real estate changes ownership, so the legal status of the property and the parties’ intentions should be reviewed carefully in advance. Even where the transfer takes place between family members, the agreement should clearly record what is being transferred and whether any related rights or conditions also need to be addressed.
Legal assistance may include:
- reviewing the circumstances of the gift and the legal status of the property;
- preparing and discussing the deed of gift;
- recording any related rights and agreed conditions;
- handling the related land registry procedure.
Use Agreements
Arranging the use of jointly owned real estate and the terms of use between co-owners.
Where a property is jointly owned, an ownership share alone does not necessarily show which parts of the property each co-owner uses in practice.
A use agreement can clearly specify which areas or premises each co-owner may use and how the commonly used parts of the property are to be shared.
A use agreement may address, for example:
- the areas used by each co-owner;
- parts of the property used jointly;
- access to and from the property;
- other matters relating to its day-to-day use.
IMPORTANT TO KNOW:
An ownership share and the actual use of a property are two separate matters. A clearly drafted use agreement helps the co-owners establish which areas each of them may use and on what basis.
Legal assistance may include:
- reviewing the existing ownership and use arrangements;
- accurately recording the co-owners’ agreement;
- preparing the use agreement;
- contractually regulating existing use arrangements.
Usufruct
Legal assistance with establishing, modifying or terminating usufruct, as well as with real estate transactions involving a usufruct.
Usufruct and ownership are two different legal rights. The owner and the usufructuary may therefore hold different rights in relation to the same property.
Where a property is subject to a usufruct, it is important to determine how this affects the particular transaction and what steps are required to achieve the parties’ intended outcome.
In matters involving usufruct, it is also necessary to establish whether the cooperation of the owner, the usufructuary or both is required.
This may include, for example:
- establishing a usufruct;
- modifying an existing usufruct;
- terminating a usufruct;
- the sale or gift of property subject to a usufruct.
IMPORTANT TO KNOW:
Usufruct is not “stronger” than ownership; it confers a different set of rights. A property subject to a usufruct may also be sold, but the existing rights and their effect on the transaction must be carefully reviewed in advance.
Legal assistance may include:
- reviewing the existing ownership and usufruct arrangements;
- preparing the document required to establish a usufruct;
- arranging the modification or termination of an existing usufruct;
- legal preparation of a real estate transaction involving usufruct.
Easements
Preparation of agreements and legal documents relating to the establishment, modification or termination of easements.
In some situations, the use of one property requires the use of another. This may arise, for example, where access or another form of use is regulated by an easement.
It is important that the agreement clearly identifies the right involved, the properties it affects and the precise extent of that right.
A properly structured arrangement should ensure that the right also works clearly in practice and does not create uncertainty between the owners at a later stage.
An easement may regulate, for example:
- a right of access or passage;
- a specified use of another property;
- the modification of an existing easement;
- the termination of an easement.
IMPORTANT TO KNOW:
An easement may affect the use of a property over the long term, so its terms should be defined precisely. It is not enough simply to record that the right exists; its location, scope and permitted use should also be clearly established.
Legal assistance may include:
- reviewing the properties and the situation to be regulated;
- determining the scope and conditions of the easement;
- preparing the necessary agreement and legal document;
- handling the related land registry procedure.
Condominium Formation
Preparation of the legal documents required to establish a condominium and legal assistance with the formation process.
When a condominium is formed, independently owned units are created within the property together with the related areas remaining in common ownership.
The process therefore requires precise legal preparation: it must be clearly determined what will become separate property, what will remain in common ownership and how the ownership structure of the condominium will be arranged.
It is important that the parts of the property held in separate and common ownership, as well as the related ownership shares, are identified clearly and accurately.
The formation process may involve, for example:
- apartments or other premises to be held in separate ownership;
- parts of the property remaining in common ownership;
- ownership shares attached to the individual units;
- the principal documents required to establish the condominium.
IMPORTANT TO KNOW:
Condominium formation is not merely a matter of preparing a legal document. The documents are closely connected to the actual layout of the property and the intended ownership structure. Before formation, both the characteristics of the property and the proposed ownership arrangements therefore need to be reviewed.
Legal assistance may include:
- reviewing the legal requirements for condominium formation;
- preparing the documents required for formation;
- coordinating the ownership structure with the legal documentation;
- handling the related land registry procedure.
Need assistance with another real estate matter?
We can review the situation and discuss the appropriate next steps.
HOW WE WORK TOGETHER
What does working together look like?
01.
INITIAL
CONTACT
Send me a brief outline of your real estate matter, the property details and your contact information.
02.
MATTER
REVIEW
I review the circumstances and we discuss what further information or documents may be required.
03.
LEGAL
ASSISTANCE
We discuss the key legal issues, I prepare the necessary documents and explain their contents in clear language.
04.
HANDLING & COMPLETION
I handle the related legal formalities and keep you informed of the key steps throughout the process.
Frequently Asked Questions
Initially, it is enough to briefly describe the real estate matter, provide the key details of the property concerned and include your contact information. If further information or documents are needed to review the matter, we can arrange these afterwards.
Legal representation is required for registration in the land registry. As part of my legal assistance, I review the key circumstances of the transaction and the legal status of the property, prepare the appropriate agreement and handle the related land registry procedure.
No. Ownership and usufruct confer different rights. Where a property is subject to a usufruct, the relevant question is not which right is “stronger”, but what rights each party holds and how those rights affect the particular matter.
The time required depends on the circumstances and complexity of the matter. Proper preparation of an agreement or other legal document involves more than a quick review: the key circumstances and the available information must first be considered. An expected timeframe can be discussed once the matter is understood.
The exact legal fee can be determined once the circumstances of the particular matter are known.