Absolute Deed Template for Germany

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Key Requirements PROMPT example:

Absolute Deed

"I need an Absolute Deed drafted for the transfer of a commercial warehouse property in Munich, including provisions for existing tenant agreements and environmental compliance certificates, with completion planned for March 2025."

Document background
An Absolute Deed (Auflassungsurkunde) is a crucial legal instrument in German property law used to facilitate the formal transfer of real estate ownership. This document type is specifically required under German law when transferring property rights and must be notarized to be legally valid. The deed contains essential information about the property, parties involved, and specific terms of the transfer. It is used in various contexts, from simple residential property transfers to complex commercial real estate transactions. The document must comply with the German Civil Code (BGB) and Land Registry Act (GBO), making it a fundamental tool in German real estate transactions. An Absolute Deed is particularly important as it forms the basis for the entry in the land register (Grundbuch), without which the property transfer cannot be legally completed.
Suggested Sections

1. Deed Title and Date: Official title of the deed and date of execution

2. Notarial Introduction: Standard notarial introduction required under German law, including notary identification and confirmation of parties present

3. Parties Identification: Detailed information about the transferor and transferee, including full legal names, addresses, and registration details if applicable

4. Property Description: Precise legal description of the property including land registry details, cadastral information, and physical address

5. Prior Title: Details of current ownership and reference to previous deed of title

6. Declaration of Transfer: Explicit statement of property transfer (Auflassung) as required by §925 BGB

7. Consideration: Statement of consideration or purchase price, if applicable

8. Representations and Warranties: Standard declarations regarding property title, encumbrances, and condition

9. Transfer of Possession: Terms regarding the transfer of possession and associated rights

10. Costs and Taxes: Allocation of transfer costs and tax obligations

11. Land Registry Instructions: Specific instructions for the land registry office (Grundbuchamt)

12. Execution: Formal execution block including notarial certification requirements

Optional Sections

1. Encumbrances: Detailed section on existing encumbrances, used when the property has registered mortgages, easements, or other encumbrances

2. Special Conditions: Additional conditions or requirements specific to the transaction, used when there are unique circumstances or requirements

3. Power of Attorney: Required when any party is acting through an agent or representative

4. Pre-emption Rights: Used when there are statutory or contractual pre-emption rights affecting the property

5. Building Permits: Required for properties with ongoing construction or pending building permits

6. Environmental Provisions: Used when there are environmental issues or certifications relevant to the property

Suggested Schedules

1. Property Plan: Official cadastral plan or property drawings

2. Land Register Extract: Current extract from the land register (Grundbuchauszug)

3. Building Documentation: Relevant building permits, plans, or certificates

4. Power of Attorney Documentation: Copies of relevant powers of attorney if applicable

5. Previous Deed References: Copies or references to relevant previous deeds

6. Due Diligence Reports: Technical or legal due diligence reports if referenced in the main deed

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

Relevant Industries

Real Estate

Commercial Property

Residential Property

Banking and Finance

Construction

Urban Development

Agriculture (for agricultural land)

Industrial

Retail

Hospitality

Infrastructure

Energy (for power plant locations)

Healthcare (for medical facilities)

Education (for educational institutions)

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Corporate Affairs

Investment

Asset Management

Due Diligence

Risk Management

Administrative Services

Relevant Roles

Real Estate Lawyer

Property Manager

Legal Counsel

Notary Public

Land Registry Officer

Real Estate Agent

Property Developer

Compliance Officer

Corporate Lawyer

Real Estate Investment Manager

Asset Manager

Title Officer

Due Diligence Specialist

Real Estate Transaction Manager

Legal Administrative Officer

Industries
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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