What Should Be Considered When Purchasing Real Estate?

Purchasing real estate represents a significant dream for many individuals. Given the substantial financial responsibility that comes with buying a home, it is crucial to seek comprehensive legal advice before finalizing the purchase. The key legal aspects are outlined below:

1. Review of the Land Register Extract and Other Documents: Verify the land register extract and other relevant documents to ensure that the seller is the lawful owner of the property and that you are aware of the actual circumstances.
2. Legal and Material Warranty: Clearly define in the purchase agreement which defects the seller is liable for and the timeframe during which any warranty rights apply.
3. Transfer of Benefits and Burdens: Specify from which point the benefits and burdens transfer to the buyer.
4. Payment of Purchase Price: Clarify the modalities of the purchase price payment, including the timing and method of payment.
5. Insurance: Check whether the property is adequately insured and whether you need additional insurance. Note that in the Canton of Lucerne, building insurance is mandatory.
6. Taxes/Fees: Determine in advance the potential taxes (particularly property gain tax and transfer taxes) and fees (especially land registry fees and notary fees), and specify who is responsible for paying them.
7. Form Requirements: Be aware of the mandatory requirement for public notarization of real estate purchase agreements.

It is advisable to consult a notary or attorney to ensure that all legal aspects are adequately considered. As notaries and attorneys in the Canton of Lucerne with extensive experience, we are happy to assist you. Additionally, we can provide you with notarization services from a single source.

What Are Easements?

An easement grants the holder a limited real right over a property. The easement can be established for the benefit of another parcel of land (dominant tenement) or for a specific individual (personal easement). The establishment of an easement requires notarization and a plan for the land register.

Through the easement, the owner is either obligated to allow interventions in their property (positive easement) or to exercise their property rights only in certain ways (negative easement). Examples of easements include:

• Usufruct
• Right of residence
• Building rights
• Footpath and roadway rights
• Boundary building rights

As lawyers and notaries in the Canton of Lucerne, we can provide you with expert advice on the establishment of easements. We understand the available options and will work with you to find the ideal solution.

How Do I Establish Condominium Ownership?

By establishing condominium ownership, the owner acquires a special right to a share of the property. The condominium owner has freedom in the administration, use, and structural design of their own premises but must not hinder the exercise of the same rights by other condominium owners and must not impair the communal parts.

Condominium ownership can be established:

1. Through a contract among the co-owners regarding the structuring of their shares as condominium ownership;
2. Through a declaration by the owner regarding the creation of co-ownership shares and their structuring as condominium ownership.

This legal transaction requires public notarization for its validity.

Do You Have Questions About Condominium Ownership? Are you unsure whether establishing co-ownership would be more beneficial in your case? Would you like to establish condominium ownership and need a notary? The notaries at Beeler & Marbacher are at your disposal and will provide you with competent and solution-oriented advice based on their extensive experience.

What Is a Mortgage?

A mortgage is a security interest in which a parcel of land serves as collateral for outstanding debts. It allows the creditor (usually a bank) to access the property in the event of the debtor's (borrower's) default and to realize the asset to settle the outstanding debts.

In Switzerland, there are two main types of mortgages:

• Debt instruments (paper or registered debt instruments)
• Land charge

The key difference is that debt instruments are negotiable, whereas the function of the land charge is limited to securing the claim.

The notaries at Beeler & Marbacher are happy to advise you on the advantages and disadvantages of the various types of mortgages and will present you with the different options available.

Notary Office Beeler & Marbacher - Your Contact for Real Estate Transactions in Lucerne

Beeler & Marbacher Law Firm and Notary Office is the ideal choice for real estate legal matters. Are you looking for knowledgeable and straightforward professionals for real estate transactions? We are here for you, as notaries in the Canton of Lucerne and lawyers with extensive expertise in this area. Thanks to our many years of experience and our commitment to personalized solutions, you can rely on first-class advice and professional notarizations.