Acquisition phase

In conjunction with the acquisition of the land for the leasing property, the lessor and the lessee together must heed:

ownership

  • the lessor is recorded as the (sole) owner of the leasing property in the land registry

legal basis permit (besides the real estate leasing agreement)

  • land acquisition (normal case) between the lessee (if the previous owner) or third party (if selling the construction site), on the one hand, and lessor, on the other
    • public announcement
    • objectively and subjectively essential content of a property agreement as well as any possibly necessary terms or conditions (arrangements, which are sine qua non)
  • coupling of the property purchase agreement (of the applicable building rights agreement or the work agreement for the erection or conversion of the leasing construction) with the implementation or existence of the real estate leasing agreement

land registry entry

  • land registry notification
  • entering the real estate purchase in the land registry

purchase rights

  • restriction on the ownership position of the lessor through the assigning of purchase rights
  • purchase rights agreement
    • public announcement
    • objectively and subjectively essential content of a purchase rights agreement as well as any possibly necessary terms or conditions (arrangements, which are sine qua non)
    • priority notice arrangement [cf. ZGB 683 + ZGB 959]
  • priority notice of the purchase rights in the land registry
    • purchase rights become a real obligation (material reinforcement)
  • if the lessee owns the option to acquire the leasing property during or at the end, it can be noted in the land registry as security against outside parties

non pre-emptive nature of the leasing agreement

  • the closed numerical ranking (numerus clausus) of encumbrances does not grant real estate leasing agreement pre-emptiveness, since the law itself does not provide for this being a pre-emptive type of agreement 

Further information