Real estate law

In the wide and varied domain of real estate law, involvement by a notary is generally legally mandated.

This includes in particular property/housing contracts, developer contracts and land transfer contracts to the next generation with comprehensive legal reservations (e.g. usufructuary rights and rights of revocation, among others) for the transferring party as well as all associated land charges. Notarial services are also indispensable for matters where matrimonial property law and inheritance law intersect. For example, this can be land transfers within a marriage or civil union, divorce agreements for amicable division of property and other assets or a dispute among a community of heirs about property that is part of the inheritance.

Land acquisition by a property developer also requires anticipatory counsel. The groundwork for a smooth sale of construction projects is often already laid during the purchase. The legal transactions required for the sale should be identified early on, analyzed and executed. First and foremost this includes the legal formation of the declaration of division in addition to the community order pursuant to the Act on the Ownership of Apartments and the Permanent Residential Right, the justification for easements, of limited personal servitudes, the formation of fractional ownerships in addition to joint owner agreements for row house buildings, the property developer financing land charges and finally, the developer contracts with the individual purchasing parties themselves. Of course, our notaries are also available for notarizing the acquisition and sale of commercial properties and of real estate portfolios (as a share deal or asset deal). Our notaries are also responsible for notarizing heritable building rights and rights of residence and partial ownership rights.