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Previous decisions of the condominium owners' association – urgent need for action to be reviewed
The latest reform of the Condominium Act has significantly changed the conditions under which resolutions of a condominium owners' association also apply to buyers and other legal successors. The transitional provision protecting old resolutions expires at the end of 2025. It should therefore be checked whether old resolutions need to be adapted. Agreements and resolutions The Condominium Act distinguishes between resolutions and agreements. In...
Loan paid off—now what?
When a loan is finally paid off, many owners wonder what happens to the land charge registered for it. Does it have to be deleted or can it simply remain in the land register? Contrary to popular belief, „leaving it in place“ only has advantages in a few cases, but at the same time carries considerable risks for a later sale or transfer of the property. Deletion...
This applies to the adoption of children or adults.
Schleswig-Holstein Chamber of Notaries. Adoption is often considered when children have been living in a blended or foster family for a long time and have little or no contact with their biological parents. However, the specific legal requirements vary depending on the age of the prospective adoptee. For minor children, the consent of the biological parents is required, whereby...
Waiver of compulsory portion only possible with a notary
Westphalian Chamber of Notaries. Excluding a legitimate heir from their statutory share is only possible in exceptional cases under the law. However, sometimes those affected themselves wish to waive their statutory share. This requires a statutory share waiver agreement. There are a number of important requirements to be observed in this regard. How can inheritance claims be regulated by contract? Anyone who is excluded from the legal succession by a will or inheritance contract has, as a direct...
Exemption from the obligation to carry identification – fraught with risks
Older people in particular often decide not to reapply for a new ID card when their current one expires – perhaps because they require care or rarely go out in public. However, what is well-intentioned can become a problem: even with an official exemption from the ID requirement, notaries are required to verify the identity of the parties involved beyond any doubt.
Danger due to incorrect declaration of division
Westphalian Chamber of Notaries. Anyone who wants to become an apartment owner in a multi-unit building cannot avoid the issue of the declaration of division. This document bindingly specifies how a building and the associated land are divided between the owners and thus forms the basis for entry in the land register. In practice, however, it often turns out that the information in the declaration of division...