Dozens of Grundbuch folios, three days before Christmas
Consolidations, subdivisions and easements that have travelled from folio to folio and changed beneficiaries on the way.
Abteilung II, section II of the folio, reads like a family tree nobody ever wrote down. The notarial deed that everything refers to is not in the data room, and the notary’s archive takes weeks, not days. Perhaps you are sitting in front of it yourself, perhaps your associate. Either way you answer for it.
One site changed owner. The registered rights of way stood in the Grundbuch extract, so they were visible. What went unfound for months was the Bewilligungsurkunde, the notarised consent they refer to. When the first right was to be deleted, four further beneficiaries surfaced who were named in that deed and whom nobody knew about. The deletion was not instructed until eight months after the notarial appointment, the closing condition stayed open that whole time, expensive firms stayed engaged, and in that time nobody could develop anything.
The buyer’s side sees it in hindsight as an omission on the seller’s side: “Strictly speaking, a seller should have identified something like that in the due diligence.” A managing partner of a project developer who knows the same subject: “The whole land register business alone, just to be able to see it, because we have already been through it.”
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Abteilung II, section II of the folio, reads like a family tree nobody ever wrote down. The notarial deed that everything refers to is not in the data room, and the notary’s archive takes weeks, not days. Perhaps you are sitting in front of it yourself, perhaps your associate. Either way you answer for it.
One site changed owner. The registered rights of way stood in the Grundbuch extract, so they were visible. What went unfound for months was the Bewilligungsurkunde, the notarised consent they refer to. When the first right was to be deleted, four further beneficiaries surfaced who were named in that deed and whom nobody knew about. The deletion was not instructed until eight months after the notarial appointment, the closing condition stayed open that whole time, expensive firms stayed engaged, and in that time nobody could develop anything.
The buyer’s side sees it in hindsight as an omission on the seller’s side: “Strictly speaking, a seller should have identified something like that in the due diligence.” A managing partner of a project developer who knows the same subject: “The whole land register business alone, just to be able to see it, because we have already been through it.”