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Land Swapping Agreement
"I need a Land Swapping Agreement between our development company and the local municipality to exchange our urban plot for a larger municipal land parcel on the outskirts of Munich, with completion planned for March 2025; the agreement needs to include provisions for monetary compensation as the municipal land has a higher value."
1. Parties: Identification and details of all parties involved in the land swap
2. Background: Context and circumstances leading to the land swap agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Properties Description: Detailed description of both properties being exchanged, including their exact locations, boundaries, and current land registry details
5. Exchange Terms: Core terms of the exchange, including the mutual transfer commitments and any monetary adjustments
6. Representations and Warranties: Declarations by both parties regarding ownership, encumbrances, and condition of their respective properties
7. Completion Requirements: Steps required to complete the exchange, including notarization, registration, and handover procedures
8. Costs and Taxes: Allocation of transaction costs, including notary fees, land registry fees, and transfer taxes
9. Risk and Insurance: Transfer of risk and insurance obligations for the properties
10. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
1. Monetary Compensation: Required when properties have different values and additional payment is needed to equalize the exchange
2. Environmental Provisions: Needed when properties have known environmental issues or protected status
3. Building Restrictions: Include when properties have specific building or usage restrictions that affect their value or use
4. Existing Tenancies: Required when properties have existing tenants and their rights need to be addressed
5. Utilities and Services: Include when specific arrangements are needed for transfer or continuation of utility services
6. Development Rights: Needed when properties have different development potential or pending permissions
7. Access Rights: Include when properties require specific access arrangements through neighboring land
1. Property Plans: Official cadastral plans and maps showing the exact boundaries of both properties
2. Land Registry Extracts: Current land registry entries (Grundbuchauszüge) for both properties
3. Property Photographs: Recent photographs documenting the current state of both properties
4. Existing Encumbrances: List of all registered encumbrances, easements, and restrictions
5. Environmental Reports: Any existing environmental assessments or contamination reports
6. Building Permits: Copies of existing building permits and development approvals
7. Valuation Reports: Independent valuations of both properties if monetary compensation is involved
Authors
Completion Date
Exchange Date
First Property
Second Property
Grundbuch
Grundbuchamt
Land Registry
Permitted Encumbrances
Property Documents
Completion Requirements
Transfer Documentation
Notarial Deed
Auflassung
Monetary Compensation
Property Plans
Cadastral Register
Existing Encumbrances
Environmental Reports
Development Rights
Building Restrictions
Transfer Tax
Notary Fees
Registration Fees
Effective Date
Handover Protocol
Title Documents
Valuation Report
Working Day
Utilities
Exchange Terms
Title Transfer
Warranties and Representations
Completion Requirements
Land Registry Registration
Notarization
Property Handover
Costs and Taxes
Due Diligence
Environmental Compliance
Building and Zoning Compliance
Encumbrances
Access Rights
Existing Tenancies
Risk and Insurance
Utilities and Services
Monetary Adjustments
Default and Remedies
Force Majeure
Notices
Assignment
Severability
Entire Agreement
Governing Law
Jurisdiction
Amendment
Survival
Real Estate
Agriculture
Urban Development
Construction
Public Sector
Industrial
Education
Environmental Conservation
Infrastructure Development
Forestry
Real Estate
Legal
Property Management
Facilities
Corporate Development
Environmental Compliance
Urban Planning
Asset Management
Investment
Public Relations
Real Estate Manager
Property Developer
Land Surveyor
Real Estate Lawyer
Urban Planner
Property Portfolio Manager
Facilities Manager
Agricultural Land Manager
Environmental Compliance Officer
Real Estate Investment Director
Municipal Planning Officer
Land Registry Officer
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