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Property Sharing Agreement

Property Sharing Agreement Template for Switzerland

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Key Requirements PROMPT example:

Property Sharing Agreement

"I need a Property Sharing Agreement for a luxury chalet in Zermatt jointly owned by three international families, with specific provisions for seasonal usage rotation and shared maintenance costs for the private ski lift, to be implemented by March 2025."

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Document background
The Property Sharing Agreement is a crucial legal instrument in Swiss property law, typically used when multiple parties (individuals or entities) share ownership of real estate. This document becomes essential in situations of co-ownership (Miteigentum) or joint ownership (Gesamteigentum) under Swiss law, whether for residential, commercial, or mixed-use properties. The agreement outlines each owner's rights, responsibilities, and obligations, including property usage, cost sharing, and decision-making protocols. It must comply with the Swiss Civil Code (ZGB) and Code of Obligations (OR), often requiring notarization and registration with the land registry (Grundbuch). Property Sharing Agreements are particularly relevant for family property arrangements, investment partnerships, or corporate co-ownership structures, providing a clear framework to prevent future disputes and ensure smooth property management.
Suggested Sections

1. Parties: Identification and details of all co-owners including full legal names, addresses, and citizenship status

2. Background: Context of the property sharing arrangement, including property acquisition details and intended purpose

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Comprehensive description of the property including address, land registry details, and property specifications

5. Ownership Structure: Details of ownership shares and type of ownership (Miteigentum or Gesamteigentum)

6. Financial Obligations: Division of costs, expenses, taxes, and maintenance responsibilities

7. Usage Rights: Rules governing property usage, access rights, and scheduling of shared spaces

8. Management and Decision Making: Procedures for property management decisions and voting rights

9. Maintenance and Repairs: Responsibilities and procedures for property maintenance and repairs

10. Transfer of Rights: Rules regarding sale, transfer, or encumbrance of ownership shares

11. Insurance: Required insurance coverage and responsibility for premiums

12. Dispute Resolution: Procedures for resolving disputes between co-owners

13. Termination: Conditions and procedures for terminating the agreement or selling the property

14. Governing Law: Confirmation of Swiss law application and jurisdiction

Optional Sections

1. Rental Arrangements: Rules for renting out the property to third parties, applicable when owners agree to allow rental

2. Property Manager: Appointment and duties of a property manager, relevant for larger properties or when owners are not local

3. Special Usage Rights: Specific arrangements for exclusive use of certain areas, relevant for properties with distinct zones

4. Mortgage Provisions: Terms related to existing or future mortgages, applicable when the property is mortgaged

5. Business Use: Specific provisions for commercial use of the property, if applicable

6. Renovation Protocol: Procedures for major renovations or improvements, relevant for older properties

7. Succession Rights: Specific provisions for inheritance of shares, particularly relevant for family arrangements

8. Environmental Obligations: Special provisions for properties with environmental considerations or protected status

Suggested Schedules

1. Property Title Documents: Copies of land registry excerpts and property title documentation

2. Floor Plans: Detailed plans showing property layout and any exclusive use areas

3. Financial Schedule: Detailed breakdown of cost sharing and financial contributions

4. Maintenance Schedule: Regular maintenance tasks and responsibilities

5. Insurance Certificates: Copies of current insurance policies

6. Usage Schedule: Detailed arrangements for shared spaces and facilities

7. Property Inventory: List of shared furniture, equipment, or facilities

8. Property Regulations: Specific rules and regulations for property use and maintenance

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
Co-owners
Ownership Share
Common Areas
Exclusive Use Areas
Miteigentum (Co-ownership)
Gesamteigentum (Joint ownership)
Property Manager
Management Committee
Operating Costs
Capital Expenditure
Maintenance Costs
Insurance Costs
Usage Rights
Transfer Rights
Encumbrance
Property Taxes
Special Assessment
Voting Rights
Majority Decision
Unanimous Decision
Common Charges
Reserve Fund
Improvements
Repairs
Force Majeure
Land Registry (Grundbuch)
Mortgage
Permitted Use
Business Day
Fiscal Year
Insurance Coverage
Property Rules
Service Charges
Transfer Deed
Annual Budget
Extraordinary Expenses
Management Plan
Maintenance Schedule
Default Event
Dispute Resolution Procedure
Clauses
Identification of Parties
Property Description
Ownership Structure
Rights and Obligations
Financial Contributions
Usage Rights
Management and Administration
Decision Making
Maintenance and Repairs
Insurance
Cost Allocation
Transfer Restrictions
Pre-emption Rights
Mortgage Obligations
Property Rules
Access Rights
Improvements and Alterations
Dispute Resolution
Force Majeure
Termination
Severability
Amendments
Notices
Governing Law
Registration Requirements
Tax Obligations
Environmental Compliance
Confidentiality
Successor Rights
Indemnification
Default Remedies
Voting Rights
Emergency Procedures
Record Keeping
Audit Rights
Relevant Industries

Real Estate

Property Development

Property Management

Legal Services

Financial Services

Construction

Hospitality

Retail

Professional Services

Family Office Services

Relevant Teams

Legal

Real Estate

Property Management

Asset Management

Compliance

Risk Management

Finance

Operations

Administrative Services

Investment

Corporate Services

Relevant Roles

Real Estate Manager

Property Administrator

Legal Counsel

Notary Public

Asset Manager

Facility Manager

Property Developer

Investment Manager

Real Estate Agent

Corporate Lawyer

Property Portfolio Manager

Risk Manager

Compliance Officer

Financial Controller

Industries
Swiss Civil Code (ZGB) Art. 646-651: Regulations governing co-ownership (Miteigentum), defining rights and obligations of co-owners, decision-making processes, and usage rights
Swiss Civil Code (ZGB) Art. 652-659: Provisions regarding joint ownership (Gesamteigentum) and the special relationships between joint owners
Swiss Code of Obligations (OR) Art. 530-551: Rules governing simple partnerships (einfache Gesellschaft), which often form the basis of property sharing arrangements
Swiss Civil Code (ZGB) Art. 942-977: Regulations concerning the land registry (Grundbuch) and property registration requirements
Federal Act on the Acquisition of Real Estate by Persons Abroad (Lex Koller): Restrictions and requirements for foreign persons acquiring real estate in Switzerland
Swiss Civil Code (ZGB) Art. 712a-712t: Condominium law provisions (Stockwerkeigentum) governing apartment ownership and shared spaces
Federal Act on Debt Enforcement and Bankruptcy (SchKG): Relevant provisions for handling property rights in case of debt enforcement or bankruptcy
Cantonal Tax Laws: Local regulations governing property transfer taxes, annual property taxes, and other property-related fiscal obligations
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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