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Land Trust Agreement Template for Switzerland

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Key Requirements PROMPT example:

Land Trust Agreement

"I need a Land Trust Agreement for a family-owned agricultural property in Canton Vaud, Switzerland, with provisions for sustainable farming practices and income distribution among three adult children as beneficiaries, to be effective from March 2025."

Document background
The Land Trust Agreement is essential for establishing and managing property trusts within the Swiss legal framework. While Switzerland doesn't have domestic trust law, it recognizes trusts under the Hague Convention, making this document crucial for proper property management and succession planning. This agreement is typically used when property owners wish to separate legal and beneficial ownership, whether for family succession, asset protection, or property management purposes. The document must carefully navigate Swiss property law, including cantonal regulations and the Federal Act on the Acquisition of Real Estate by Persons Abroad (Lex Koller). It includes comprehensive provisions for property management, beneficiary rights, trustee duties, and compliance with Swiss land registry requirements, making it suitable for both private and commercial property arrangements.
Suggested Sections

1. Parties: Identification of the Settlor, Trustee(s), and any named Beneficiaries

2. Background: Context of the trust creation, purpose, and general intentions of the parties

3. Definitions: Key terms used throughout the agreement, including property-specific terminology and Swiss legal concepts

4. Trust Declaration: Formal declaration of trust, transfer of property, and trust purpose

5. Property Description: Detailed description of the land/property being placed in trust, including cadastral details and registration information

6. Trustee Powers and Duties: Comprehensive list of trustee authorities and responsibilities in managing the trust property

7. Trust Administration: Rules for day-to-day management, decision-making processes, and administrative procedures

8. Beneficiary Rights: Rights, interests, and entitlements of the beneficiaries in relation to the trust property

9. Duration and Termination: Term of the trust and circumstances under which it may be terminated

10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

11. Amendment Provisions: Procedures for modifying the trust agreement

12. Execution and Signatures: Formal execution requirements and signature blocks

Optional Sections

1. Environmental Management: Specific provisions for environmental protection and conservation if the land has ecological significance

2. Agricultural Use: Special provisions for agricultural land management if the property includes farmland

3. Development Rights: Provisions regarding potential development of the land, included when future development is contemplated

4. Foreign Ownership Compliance: Additional provisions ensuring compliance with Lex Koller when foreign persons are involved

5. Co-Trustee Provisions: Procedures for multiple trustees if more than one trustee is appointed

6. Income Distribution: Specific rules for distributing income from the property if it generates revenue

7. Successor Trustee Provisions: Detailed procedures for trustee succession if specific succession arrangements are desired

Suggested Schedules

1. Schedule A - Property Details: Detailed legal description of the property, including cadastral maps and land registry excerpts

2. Schedule B - Initial Trust Assets: Inventory of all assets being transferred into trust, including the land and any associated rights

3. Schedule C - Beneficiary Information: Detailed information about beneficiaries and their respective interests

4. Schedule D - Management Guidelines: Specific guidelines for property management and maintenance

5. Schedule E - Fee Schedule: Trustee compensation and fee structure

6. Appendix 1 - Land Registry Documents: Copies of relevant land registry extracts and certificates

7. Appendix 2 - Property Photographs: Current photographs and condition documentation of the property

8. Appendix 3 - Required Permits: Copies of relevant permits, including any Lex Koller permits if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions







































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Relevant Industries

Real Estate

Property Management

Agriculture

Environmental Conservation

Private Wealth Management

Banking & Finance

Legal Services

Trust Services

Property Development

Investment Management

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Wealth Management

Investment

Tax Advisory

Environmental

Asset Management

Trust Administration

Relevant Roles

Real Estate Lawyer

Trust Officer

Property Manager

Estate Planner

Wealth Manager

Legal Counsel

Compliance Officer

Land Registry Officer

Real Estate Investment Manager

Asset Manager

Tax Advisor

Property Developer

Environmental Consultant

Agricultural Consultant

Industries







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