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Property Rights Agreement

Property Rights Agreement Template for Switzerland

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Key Requirements PROMPT example:

Property Rights Agreement

"I need a Property Rights Agreement for a Swiss industrial property in Zurich Canton, where our manufacturing company is granting exclusive access rights to a logistics partner for a 5-year term starting March 1, 2025, with specific provisions for 24/7 facility access and shared maintenance responsibilities."

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Document background
The Property Rights Agreement is a crucial legal instrument in Swiss property law transactions, used when establishing, transferring, or modifying rights related to real estate and other property. This document type is essential for various scenarios, including property acquisitions, easements, usage rights, and development projects. It must comply with the Swiss Civil Code (ZGB), cantonal regulations, and where applicable, the Federal Act on the Acquisition of Real Estate by Persons Abroad (Lex Koller). The agreement requires careful attention to land registry requirements and often involves multiple stakeholders, from individual property owners to corporate entities and public authorities. It's particularly important in Switzerland due to the country's strict property laws and detailed registration requirements.
Suggested Sections

1. Parties: Identification of all parties involved, including full legal names, addresses, and registration details for legal entities

2. Background: Context of the agreement, including current ownership status and purpose of the property rights transfer or grant

3. Definitions: Key terms used throughout the agreement, including property-specific terminology and legal concepts under Swiss law

4. Property Description: Detailed description of the property, including land registry details, parcel numbers, and location

5. Rights Granted: Specific property rights being transferred or granted, their scope and limitations

6. Duration and Termination: Term of the rights granted and circumstances under which they may be terminated

7. Consideration: Financial terms, including any payments, fees, or other consideration for the rights granted

8. Registration: Provisions regarding land registry registration requirements and procedures

9. Representations and Warranties: Statements and guarantees by both parties regarding property rights, authority to enter agreement

10. Maintenance and Costs: Responsibilities for property maintenance, taxes, and associated costs

11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

Optional Sections

1. Foreign Ownership Compliance: Required when one party is a foreign national or entity, addressing Lex Koller requirements

2. Usage Restrictions: Specific limitations on property use, particularly relevant for partial rights transfers

3. Environmental Provisions: Required when property has environmental considerations or restrictions

4. Right of First Refusal: Optional provisions for future property transactions

5. Insurance Requirements: Specific insurance obligations for property rights holders

6. Mortgage and Encumbrance Provisions: Required when property has existing mortgages or encumbrances

7. Transfer and Assignment: Rules regarding transfer of rights to third parties

8. Force Majeure: Provisions for extraordinary circumstances affecting property rights

Suggested Schedules

1. Property Details Schedule: Comprehensive property description, including exact measurements and boundaries

2. Land Registry Extract: Current extract from the land registry (Grundbuchauszug)

3. Property Plans: Official cadastral plans and property drawings

4. Rights and Restrictions Schedule: Detailed list of specific rights, easements, and restrictions

5. Payment Schedule: Details of any payments, including amounts, dates, and methods

6. Due Diligence Reports: Relevant property inspection or assessment reports

7. Existing Encumbrances: List of current mortgages, liens, or other encumbrances

8. Required Permits: Copies of relevant permits and authorizations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Property
Land Registry
Grundbuch
Effective Date
Completion Date
Permitted Use
Property Rights
Easement
Servitude
Encumbrance
Transfer Date
Registration Requirements
Consideration
Parties
Grantor
Grantee
Business Day
Canton
Municipality
Land Parcel
Cadastral Survey
Title Documents
Building Regulations
Zoning Requirements
Mortgage
Liens
Force Majeure
Lex Koller Requirements
Common Areas
Property Charges
Due Diligence Materials
Environmental Laws
Development Rights
Building Permit
Access Rights
Usage Rights
Transfer Restrictions
Registration Fees
Notarial Deed
Governing Law
Competent Authority
Material Adverse Change
Property Tax
Clauses
Property Description
Rights Grant
Transfer of Rights
Registration Requirements
Payment Terms
Usage Rights
Access Rights
Maintenance Obligations
Insurance
Liability
Representations and Warranties
Environmental Compliance
Zoning Compliance
Foreign Ownership
Due Diligence
Title Guarantee
Encumbrances
Force Majeure
Assignment
Term and Termination
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Amendment
Costs and Expenses
Tax Obligations
Regulatory Compliance
Land Registry Requirements
Cantonal Compliance
Municipal Requirements
Default
Remedies
Indemnification
Construction Rights
Development Restrictions
Easements
Right of First Refusal
Confidentiality
Relevant Industries

Real Estate

Agriculture

Commercial Property

Industrial

Retail

Hospitality

Infrastructure

Energy

Telecommunications

Mining

Construction

Urban Development

Tourism

Banking and Finance

Investment Management

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Corporate Affairs

Development

Investment

Operations

Risk Management

Asset Management

Due Diligence

Transactions

Relevant Roles

Real Estate Lawyer

Property Manager

Legal Counsel

Real Estate Director

Development Manager

Land Registry Officer

Compliance Officer

Property Rights Administrator

Real Estate Investment Manager

Asset Manager

Corporate Counsel

Property Development Director

Real Estate Transaction Manager

Land Rights Specialist

Due Diligence Manager

Industries
Swiss Civil Code (ZGB): Primary legislation governing property rights, ownership, easements, mortgages, and land registry (particularly Articles 641-977)
Swiss Code of Obligations (OR): Regulates contractual aspects of property transactions, including sale agreements and lease contracts (Articles 216-221, 253-274)
Federal Act on the Acquisition of Real Estate by Persons Abroad (Lex Koller): Regulates property acquisition by foreign nationals and companies, including restrictions and permit requirements
Federal Act on Land Registration: Governs the registration of property rights and related changes in the land registry
Cantonal Property Transfer Laws: Local regulations governing property transfers, taxes, and procedural requirements specific to each canton
Federal Act on Rural Land Rights: Specific regulations for agricultural land and rural property transactions
Swiss Debt Enforcement and Bankruptcy Act: Relevant for provisions regarding property rights in case of bankruptcy or debt enforcement
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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