The Property Sharing Agreement is a crucial legal instrument in Swiss property law, typically used when multiple parties (individuals or entities) share ownership of real estate. This document becomes essential in situations of co-ownership (Miteigentum) or joint ownership (Gesamteigentum) under Swiss law, whether for residential, commercial, or mixed-use properties. The agreement outlines each owner's rights, responsibilities, and obligations, including property usage, cost sharing, and decision-making protocols. It must comply with the Swiss Civil Code (ZGB) and Code of Obligations (OR), often requiring notarization and registration with the land registry (Grundbuch). Property Sharing Agreements are particularly relevant for family property arrangements, investment partnerships, or corporate co-ownership structures, providing a clear framework to prevent future disputes and ensure smooth property management.
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1. Parties: Identification and details of all co-owners including full legal names, addresses, and citizenship status
2. Background: Context of the property sharing arrangement, including property acquisition details and intended purpose
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Comprehensive description of the property including address, land registry details, and property specifications
5. Ownership Structure: Details of ownership shares and type of ownership (Miteigentum or Gesamteigentum)
6. Financial Obligations: Division of costs, expenses, taxes, and maintenance responsibilities
7. Usage Rights: Rules governing property usage, access rights, and scheduling of shared spaces
8. Management and Decision Making: Procedures for property management decisions and voting rights
9. Maintenance and Repairs: Responsibilities and procedures for property maintenance and repairs
10. Transfer of Rights: Rules regarding sale, transfer, or encumbrance of ownership shares
11. Insurance: Required insurance coverage and responsibility for premiums
12. Dispute Resolution: Procedures for resolving disputes between co-owners
13. Termination: Conditions and procedures for terminating the agreement or selling the property
14. Governing Law: Confirmation of Swiss law application and jurisdiction
1. Rental Arrangements: Rules for renting out the property to third parties, applicable when owners agree to allow rental
2. Property Manager: Appointment and duties of a property manager, relevant for larger properties or when owners are not local
3. Special Usage Rights: Specific arrangements for exclusive use of certain areas, relevant for properties with distinct zones
4. Mortgage Provisions: Terms related to existing or future mortgages, applicable when the property is mortgaged
5. Business Use: Specific provisions for commercial use of the property, if applicable
6. Renovation Protocol: Procedures for major renovations or improvements, relevant for older properties
7. Succession Rights: Specific provisions for inheritance of shares, particularly relevant for family arrangements
8. Environmental Obligations: Special provisions for properties with environmental considerations or protected status
1. Property Title Documents: Copies of land registry excerpts and property title documentation
2. Floor Plans: Detailed plans showing property layout and any exclusive use areas
3. Financial Schedule: Detailed breakdown of cost sharing and financial contributions
4. Maintenance Schedule: Regular maintenance tasks and responsibilities
5. Insurance Certificates: Copies of current insurance policies
6. Usage Schedule: Detailed arrangements for shared spaces and facilities
7. Property Inventory: List of shared furniture, equipment, or facilities
8. Property Regulations: Specific rules and regulations for property use and maintenance
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