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Conveyancing Germany

Conveyancing GermanyGerman ProbateGerman Succession & Inheritance LawProperty in Germany

Received an Inheritance in Germany? Be ready for Taxes, Taxes, Taxes!

Check the German Capital Gains Tax situation before you sell your inherited property! Waiting a few years may avoid significant taxes. If you have received an inheritance which comprises German assets, in particular German property, this inheritance may or may not trigger inheritance taxes in Germany and / or the UK. We have explained these IHT issues in detail in the following posts: The Perils of German IHT and Gift Tax Basics of German Inheritance…
Bernhard Schmeilzl
October 7, 2016
Conveyancing GermanyGerman ProbateGerman Succession & Inheritance LawProperty in Germany

Is “Miteigentum” in a German Property the same as “Tenancy in Common”?

The different ways to co-own property (real estate) in Germany Well, the legal concepts of "Miteigentum" and "Tenancy in Common" are quite similar, if not identical. The German Miteigentum (co-ownership) is regulated by the German Civil Code in sections 1008 to 1011. Each "Miteigentümer" has a direct, separately transferable interest in the property. However, where property is concerned, the rights of co-owners in Germany are usually individually defined in the notarial deeds and the German…
Bernhard Schmeilzl
September 20, 2016
Business in GermanyConveyancing GermanyGerman Law

What is an Ausfertigung of a German Notary’s Deed?

Certification and Legalisation of Documents in Germany German law requires important agreements and declarations to be recorded by a Notary (details here). Parties are sometimes confused or even annoyed that they do not receive the original signed document or even a certified copy of the signed deed, but "only" a so called Ausfertigung. According to the Beurkundungsgesetz (German Act on Notarial Deeds) the signed original (Urschrift) remains with the notary (section 45 I BeurkG). The…
Bernhard Schmeilzl
April 21, 2015
Conveyancing GermanyCriminal Law

How to obtain German Documentary Evidence for a Criminal Case in England

What information is public record in Germany? We are sometimes approached by English criminal defense lawyers asking us to provide them with official extracts from the German Commercial Register, the German Land Registry or other German Registry (e.g. birth or death certificates, marriage certificates, car ownership registry, wills register etc). The former usually does not create any difficulties, since the Commercial Register is meant to provide publicly accesible information (see the posting: How to read…
Bernhard Schmeilzl
January 9, 2015
Business in GermanyConveyancing GermanyDebt collectionGerman LawGoing to court

English Lawyers in Germany

Solicitor Jelowicki von Grafenstein in Munich Whether you have been involved in a car accident in Germany, need advice on German labour law or other contract matters, plan to start a German business, want to buy a house in Germany or need to swear an oath before an English solicitor, the Munich based law firm Graf & Partners can provide the necessary legal advice and representation. The firm was established in 2003 and speciales in British-German…
Bernhard Schmeilzl
November 7, 2014
Conveyancing GermanyGerman Law

Searching for Property Information in the German Land Registry

How to find out who owns a specific plot of land in Germany Every week we get a number of enquiries regarding German property and how to obtain Land Registry information. Mostly from creditors who "have heard" that their debtor owns property in Germany. Or from a spouse entangled in divorce proceedings who fears that the other spouse is hiding property located somewhere in Germany. Or, of course, enquiries in connection with international succession and…
Bernhard Schmeilzl
September 25, 2014
Conveyancing GermanyGerman Law

Template of German Land Sale & Purchase Agreement

Buying real estate in Germany When you wish to sell or buy a house or apartment in Germany the agreement must be signed before a German notary (see sections 873 and 925 German Civil Code) because the German Land Registry will only accept instructions from such notary (details). We have explained the legal procedure of conveyancing in Germany here.   The parties must be extremely careful that the notarial agreement does contain the entire understanding between…
Bernhard Schmeilzl
July 3, 2013
Conveyancing Germany

Legal Guide to buying a House or Apartment in Germany

Buying Real Estate in Germany as a Foreigner Compared with the UK and the USA, relatively few Germans own their own home. As Guardian recently titled: "Brits buy homes, Germans rent". To rent an apartment or even a house is much more common in Germany, especially since a tenant (lessee) is extremely well protected by German law. A landlord cannot simply terminate a residential rental agreement but must have legitimate cause (Sec 573 German Civil…