Posts by Notar Sawade

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...

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...

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...

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...

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.

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...

Schleswig-Holstein Chamber of Notaries. How can a company be inherited in a legally secure and tax-optimized manner? This question was the focus of this year's Inheritance Law Day 2025 at the Lübeck Chamber of Industry and Commerce. Experts from the fields of law, notary services, tax consulting, and corporate management highlighted the numerous pitfalls that lurk in company succession—and presented practical solutions. Common mistakes: When regulations are lacking...

Schleswig-Holstein Chamber of Notaries. The ongoing digitization of notarial services offers consumers significant advantages. Notarial matters such as notarizations and certifications can also be handled online on screen together with a trusted notary. GmbH formation and other legal transactions via video Video notarizations save time and effort. The Federal Chamber of Notaries provides a central platform for notarial video conferences. On this platform, for example...

Westphalian Chamber of Notaries. An accident or heart attack can happen to anyone unexpectedly. Those affected may then no longer be capable of acting and making decisions. If they have not established a corresponding power of attorney, spouses and registered partners have a right of emergency representation in such cases in accordance with Section 1358 of the German Civil Code (BGB). Emergency representation in health matters Spouses and registered partners are therefore not only authorized to...

The power of attorney gives the authorized representative very extensive powers and therefore requires unlimited trust in the person of the authorized representative. But what if this trust suddenly disappears? Revocation of the power of attorney „The power of attorney can be revoked by the principal at any time; an irrevocable power of attorney is not permitted,“ explains notary Michael Uerlings, press spokesman for the Rhineland Chamber of Notaries. This means that...