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1. Parties: Detailed identification of the donor (Schenker) and donee (Beschenkter) including full names, addresses, dates of birth, and marital status if relevant
2. Background: Brief context explaining the relationship between parties and intention to make the gift
3. Definitions: Key terms used in the deed, including proper designation of the property and any specific legal terms
4. Property Description: Precise legal description of the property including land registry details (Grundbuch), plot numbers (Flurst眉ck), and address
5. Gift Declaration: Express declaration of the gift (Schenkungsversprechen) and acceptance (Annahme)
6. Transfer of Ownership: Formal declaration of transfer (Auflassung) and agreement to register the change in the land register
7. Possession and Risk: Specification of when possession transfers and assumption of risks and costs
8. Warranties: Donor's warranties regarding ownership, encumbrances, and condition of the property
9. Costs and Taxes: Allocation of transfer costs, taxes, and registration fees
10. Notarial Instructions: Instructions to the notary regarding registration and necessary notifications
1. Reserved Rights: Used when the donor wishes to retain certain rights over the property (e.g., usufruct or right of residence)
2. Conditions and Obligations: Include when the gift is subject to specific conditions or obligations imposed on the donee
3. Reverter Clause: Optional clause specifying circumstances under which the gift may be reversed
4. Family Law Provisions: Required when the gift is made to married children and needs protection from future divorce claims
5. Preemption Rights: Used when the donor wishes to retain first right to buy if the donee sells the property
6. Maintenance Agreement: Include when the gift is connected to care or support obligations for the donor
1. Property Documentation: Certified extract from the land register (Grundbuchauszug) and cadastral map (Flurkarte)
2. Property Plans: Building plans, floor plans, and site plans if relevant
3. Encumbrance Documentation: Details of any existing encumbrances, easements, or rights of way
4. Energy Certificate: Current energy performance certificate (Energieausweis) if buildings are included
5. Previous Title Deeds: Copies of relevant previous title documentation
6. Tax Valuation: Current property value assessment for gift tax purposes
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