Registration of ownership is an important consideration in a property decision. The legal position must be assessed together with possession, encumbrances, third-party rights and the conditions for the intended use.
A purchase, lease or development project requires review of the rights being acquired and the restrictions that may affect the investment. Rights in real estate, the ability to use it and the economic viability of an investment are related but separate questions.
Legal due diligence connects the available documentation with the buyer’s, owner’s or investor’s objective: what can be agreed, which requirements must be met and which questions remain open before an obligation is assumed.
Advice and representation
Sales and transfers of rights in real estate
Drafting and negotiating sale and other real estate disposal agreements. Arrangements governing payment, delivery of possession, documents required for registration and the parties’ liability.
Land registry and cadastral matters
Legal analysis of land registry and cadastral entries, documents and continuity of title, including changes to parcel identifiers and areas and discrepancies between records. Preparation of legal submissions and representation in the relevant registration, correction and harmonisation procedures under the applicable legal framework.
Real estate due diligence before investment
Review of ownership, encumbrances, third-party rights and contractual obligations relevant to a proposed acquisition or investment. Identification of legal issues that may affect transaction terms, use of the property and project implementation.
Co-ownership and partition
Arrangements governing use, investment, costs and relations between co-owners. Advice and representation in agreed or judicial partition, considering its legal and property consequences.
Leasing and use of commercial property
Drafting and negotiating leases of business premises and other commercial property. Arrangements covering permitted use, duration, rent, tenant improvements, maintenance and termination.
Easements, access and other rights in rem
Establishing and protecting easements and other rights in rem, and the legal basis for access to property. Consideration of rights needed for passage, use of adjoining land or the placement of infrastructure.
Real estate projects and investment transactions
Legal structuring of real estate acquisitions and disposals in investment projects, including the acquisition of property assets through company equity transactions. Review of property rights, relevant company obligations, participant relationships and contractual terms affecting the intended development and investment value.
Property disputes and protection of rights
Assessment of claims and representation in disputes over ownership, possession, co-ownership and other rights in real estate. Protection of rights relating to the delivery, use and disposal of property and performance of contractual obligations.
Price and investment conditions
The purchase price alone does not reflect a buyer’s total exposure. Unresolved property relations, encumbrances or third-party rights may require additional steps, delay use of the property and increase investment costs.
Ownership does not establish that property can be used or developed for every purpose. Legally secured access, existing contracts, necessary approvals and other restrictions may affect the project timetable, leasing opportunities and expected income.
Legal status may also affect the property’s suitability as security and the terms of financing. Mortgages, other encumbrances and existing obligations must be considered in relation to the proposed transaction and the financier’s requirements.
The findings of legal due diligence therefore inform the agreement on price, payment sequence, closing conditions and liability. It is particularly important to clarify which issues must be resolved before payment, delivery or investment, and what protection is available if contractual obligations are not performed.
Unresolved rights may also restrict a future sale or another investment exit. Their effect on value, income and liquidity is assessed alongside the relevant financial and expert information.
Intended use determines the scope of review
We tailor the legal review to the intended use and the client’s objective. Acquiring business premises, leasing an existing property and investing in a development project raise different legal questions.
We consider land registry and cadastral information together with documents, contractual relationships and available information about possession. A cadastral record of possession is not treated as proof of ownership, and each entry is assessed against the other relevant rights and circumstances.
We separately consider contractual obligations, delivery of possession and the requirements for acquiring and registering rights. The established position determines the documents required, transaction terms, sequence of steps and available protection.
Where a decision also depends on surveying, technical feasibility, utility connection requirements or market value, appropriate expert input is needed. We connect the legal findings with that information to clarify restrictions, consequences and next steps.