The Deed of Conveyance and Assignment is a fundamental legal instrument in German property law, used when transferring ownership of real estate and associated rights between parties. This document type is essential for any property transaction in Germany, whether residential, commercial, or industrial. It must comply with strict formal requirements under German law, including mandatory notarization and registration in the Grundbuch (land registry). The deed serves multiple purposes: it documents the transfer of ownership, assigns related rights and obligations, and provides the basis for tax assessment and land registry updates. The document is particularly important because German law requires a clear separation between the obligation to transfer property (usually in a purchase agreement) and the actual transfer of ownership (through this deed). This two-step process, characteristic of German property law, makes the Deed of Conveyance and Assignment a crucial document in completing property transactions.
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1. Notarial Introduction: Formal introduction by the notary including date, location, and notary identification as required by German law
2. Parties: Identification of the transferor (conveyor) and transferee, including full legal names, addresses, and registration details if companies
3. Background: Context of the transaction, including current ownership status and reason for transfer
4. Definitions: Key terms used throughout the deed, including Property, Transfer Date, and any specific German legal terms
5. Property Description: Detailed description of the real property being conveyed, including land registry details (Grundbuch information)
6. Consideration: Purchase price or other consideration for the transfer, payment terms, and conditions
7. Transfer Declaration: Formal declaration of transfer of ownership (Auflassung) as required by German law
8. Representations and Warranties: Seller's declarations regarding property ownership, encumbrances, and condition
9. Registration Authorization: Authorization for land registry entry (Grundbucheintragung)
10. Costs and Taxes: Allocation of transfer costs, taxes, and notary fees
11. Possession and Risk: Transfer of possession, benefits, and burdens of the property
1. Existing Encumbrances: Details of any existing mortgages, easements, or other encumbrances that will remain post-transfer
2. Assignment of Rights: Transfer of related rights such as warranties, permits, or insurance policies - used when additional rights need to be transferred
3. Tenant Provisions: Required if the property is subject to existing lease agreements
4. Environmental Provisions: Specific clauses dealing with environmental matters - needed if property has environmental issues or risks
5. Development Rights: Transfer of building or development rights - included if relevant to the property
6. Pre-emption Rights: Addressing any existing pre-emption rights (Vorkaufsrecht) - required if such rights exist
7. Special Use Provisions: Specific provisions regarding property use restrictions or requirements - included if applicable
1. Property Plans: Official cadastral plans and property boundaries
2. Land Registry Extract: Current extract from the Grundbuch showing ownership and encumbrances
3. Building Documentation: Plans, permits, and certificates related to buildings on the property
4. Inventory List: List of fixtures, fittings, or other items included in the transfer
5. Encumbrance Documentation: Details of any existing mortgages, easements, or other rights affecting the property
6. Due Diligence Reports: Technical, environmental, or other relevant survey reports
7. Power of Attorney: If applicable, documents authorizing representatives to act for parties
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