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Declaration Of Trust For Tenants In Common Template for Germany

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Key Requirements PROMPT example:

Declaration Of Trust For Tenants In Common

"I need a Declaration of Trust for Tenants in Common for a commercial property in Berlin that will be jointly owned by three international companies, with specific provisions for professional property management and quarterly profit distribution starting March 2025."

Document background
The Declaration of Trust for Tenants in Common is essential when multiple parties wish to establish clear legal framework for co-ownership of property under German law. While trusts as known in common law jurisdictions don't exist in Germany, this document achieves similar objectives through provisions available in the German Civil Code (BGB). It's particularly useful when investors, family members, or business partners acquire property together and need to formalize their respective rights, responsibilities, and ownership shares. The document includes crucial details about property management, financial obligations, decision-making processes, and transfer rights, ensuring compliance with German property law and land registry requirements. It's commonly used in both residential and commercial property transactions where multiple parties seek to protect their interests while maintaining clear co-ownership structures.
Suggested Sections

1. Parties: Identification of all co-owners (Miteigentümer) and their legal details

2. Background: Context of the property acquisition and purpose of the declaration

3. Definitions: Key terms used throughout the document including Property, Share, Co-owners, etc.

4. Declaration of Co-Ownership: Formal declaration of the property shares held by each co-owner

5. Property Details: Full legal description of the property including land registry details

6. Ownership Shares: Specific percentage or fraction of ownership held by each co-owner

7. Management and Decision Making: Procedures for property management decisions and voting rights

8. Financial Obligations: Agreement on sharing of costs, expenses, and liabilities

9. Use and Occupation: Rights and restrictions regarding property use and occupation

10. Transfer and Encumbrance: Rules for selling shares or creating charges over the property

11. Dispute Resolution: Procedures for resolving disagreements between co-owners

12. Termination: Circumstances and procedures for ending the co-ownership arrangement

13. Governing Law: Confirmation of German law application and jurisdiction

Optional Sections

1. Property Management Agreement: Detailed arrangements for professional property management, if applicable

2. Rental Income Distribution: Rules for sharing rental income if the property is to be let

3. Right of First Refusal: Provisions giving co-owners first right to purchase if another wishes to sell

4. Succession Planning: Arrangements for handling ownership shares in case of death

5. Insurance Requirements: Specific insurance obligations beyond standard requirements

6. Improvement and Renovation: Procedures for deciding on and funding property improvements

7. Buy-out Provisions: Detailed procedures for one co-owner buying others' shares

Suggested Schedules

1. Property Description: Detailed legal description and land registry extract (Grundbuchauszug)

2. Ownership Schedule: Detailed breakdown of ownership shares and initial capital contributions

3. Financial Contributions: Record of initial and ongoing financial contributions by each co-owner

4. Management Procedures: Detailed procedures for day-to-day management and decision-making

5. Maintenance Schedule: Agreed maintenance responsibilities and cost-sharing arrangements

6. Contact Details: Full contact information for all co-owners and relevant parties

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

Real Estate

Property Management

Legal Services

Financial Services

Property Development

Construction

Investment Management

Residential Housing

Commercial Property

Relevant Teams

Legal

Real Estate

Property Management

Asset Management

Investment

Compliance

Administrative Support

Risk Management

Client Services

Operations

Relevant Roles

Real Estate Lawyer

Property Manager

Legal Counsel

Real Estate Agent

Investment Manager

Property Developer

Notary

Land Registry Officer

Real Estate Investment Advisor

Asset Manager

Property Administrator

Legal Administrator

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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