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Conditional Lien Release Template for Germany

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Key Requirements PROMPT example:

Conditional Lien Release

"I need a Conditional Lien Release for a commercial property in Berlin, where the release is contingent upon final payment of €2.5M to be made by March 15, 2025, with the requirement that both the general contractor and three subcontractors must provide completion certificates."

Document background
The Conditional Lien Release (bedingte Grundpfandrechtsfreigabe) is a vital document in German real estate and construction transactions, used when parties need to establish clear terms for releasing a property lien. It is particularly relevant when partial payments are made or when work completion needs verification before releasing security interests. The document outlines specific conditions that must be met before the lien is released, protecting both the lienholder's security interests and the property owner's rights. Common scenarios for its use include construction projects, property sales, refinancing transactions, and development projects. The document must comply with German Civil Code requirements, often requiring notarization and registration with the Land Registry Office (Grundbuchamt). It typically includes detailed property descriptions, original lien information, release conditions, and formal execution requirements.
Suggested Sections

1. Identification of Parties: Full legal names and addresses of the lien holder (creditor) and the property owner/debtor

2. Property Description: Detailed legal description of the property subject to the lien, including land registry details (Grundbuch information)

3. Original Lien Details: Information about the original lien, including date of creation, amount, and registration details

4. Release Conditions: Clear specification of the conditions that must be met for the lien release to become effective

5. Release Statement: Formal statement of release that will take effect upon satisfaction of the specified conditions

6. Execution Requirements: Signature blocks and notarization requirements in accordance with German law

Optional Sections

1. Partial Release Provisions: Include when the release applies to only a portion of the property or lien amount

2. Payment Instructions: Include when the release condition involves specific payment arrangements

3. Dispute Resolution: Include when parties want to specify a process for resolving disputes about whether conditions have been met

4. Time Limitations: Include when the conditional release should expire if conditions are not met within a specific timeframe

5. Governing Law Statement: Include when there are international aspects to the transaction

Suggested Schedules

1. Property Documentation: Current land registry extract (Grundbuchauszug) and property details

2. Original Lien Documentation: Copies of the original lien registration and related security agreements

3. Payment Evidence: Forms or requirements for documenting that payment conditions have been met

4. Authorization Documentation: Powers of attorney or corporate authorizations if required for execution

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

























Clauses




















Relevant Industries

Construction

Real Estate

Banking and Finance

Infrastructure Development

Commercial Property

Residential Development

Industrial Development

Public Works

Energy and Utilities

Manufacturing

Relevant Teams

Legal

Real Estate

Construction

Finance

Risk Management

Compliance

Project Management

Property Development

Contract Administration

Treasury

Relevant Roles

Legal Counsel

Real Estate Manager

Construction Project Manager

Finance Director

Property Developer

Contract Administrator

Risk Manager

Chief Financial Officer

Real Estate Attorney

Construction Site Manager

Development Director

Compliance Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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