A Land Lease Agreement is essential when a party wishes to grant temporary use rights of land to another party while retaining ownership. Under Austrian law, this document type is particularly important as it must comply with specific legal requirements set forth in the ABGB and, where applicable, the Landpachtgesetz. The agreement is commonly used in agricultural contexts, real estate development, renewable energy projects, and commercial ventures. It needs to address mandatory legal provisions while also protecting both parties' interests through clear terms on property use, maintenance, rent, and termination. The document must consider local land use regulations, environmental requirements, and potential restrictions on land transfers or usage changes. Special attention must be paid to registration requirements if the lease term exceeds certain durations, as this may require entry in the Austrian land register (Grundbuch).
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1. Parties: Identification and details of the lessor and lessee, including full legal names, addresses, and registration numbers if applicable
2. Background: Context of the lease arrangement and brief description of the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the leased land, including cadastral numbers, boundaries, and total area
5. Term and Commencement: Duration of the lease and start date, including any renewal options
6. Rent and Payment Terms: Amount of rent, payment schedule, and method of payment
7. Permitted Use: Specified purposes for which the land may be used
8. Maintenance and Repairs: Responsibilities of each party regarding land maintenance
9. Insurance and Liability: Required insurance coverage and allocation of risks
10. Assignment and Subletting: Conditions under which the lessee may assign or sublet the property
11. Termination: Grounds for termination and notice requirements
12. Return of Property: Conditions for returning the property at lease end
13. Governing Law: Confirmation of Austrian law application and jurisdiction
14. Signatures: Execution block for all parties
1. Agricultural Provisions: Specific terms for agricultural use, including crop rotation and soil management - required if the land is used for farming
2. Environmental Obligations: Environmental protection requirements and restrictions - important if the land is in an environmentally sensitive area
3. Building Rights: Terms regarding construction or modification of structures - needed if buildings are permitted on the land
4. Access Rights: Details of access routes and rights of way - necessary if the land is not directly accessible from public roads
5. Hunting Rights: Provisions regarding hunting rights - relevant for rural or forest land
6. Water Rights: Terms regarding water usage and irrigation - important for agricultural land or properties with water sources
7. EU Subsidies: Provisions regarding agricultural subsidies - relevant for land eligible for EU agricultural payments
8. Previous Contamination: Acknowledgment of existing environmental conditions - necessary for previously used industrial or agricultural land
1. Property Plan: Cadastral map and detailed plans of the leased property
2. Photographic Schedule: Photographs documenting the condition of the property at lease commencement
3. Equipment Inventory: List of any equipment or fixtures included in the lease
4. Maintenance Schedule: Detailed maintenance obligations and schedules for both parties
5. Rent Review Mechanism: Detailed procedure for periodic rent reviews
6. Land Register Extract: Current extract from the land register (Grundbuchauszug)
7. Environmental Report: Current environmental assessment or soil quality report if relevant
8. Access Routes Plan: Map showing agreed access routes and rights of way
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