The Deed of Absolute Sale for Land is a crucial legal document in Belgian property transactions that facilitates the complete and irrevocable transfer of land ownership. It is used when parties wish to conduct a definitive sale of land in Belgium, whether for residential, commercial, or industrial purposes. The document must comply with strict formal requirements under Belgian law, including execution before a notary public and registration with the Land Registry. It contains comprehensive information about the property, including its legal description, ownership history for the past 30 years, urban planning status, environmental conditions, and tax declarations. The deed also incorporates various certificates and declarations required by federal and regional regulations. This document type is essential for ensuring legal certainty in Belgian real estate transactions and protecting the interests of both buyers and sellers.
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1. Parties: Identification of the seller(s) and buyer(s) with full legal details including national numbers
2. Recitals: Background information establishing the seller's ownership and right to sell
3. Definitions: Key terms used throughout the deed
4. Property Description: Detailed description of the land including cadastral details, boundaries, and measurements
5. Title History: Chain of ownership for at least 30 years as required by Belgian law
6. Sale and Purchase: Core terms of the sale including price and payment terms
7. Transfer of Ownership: Effective date of ownership transfer and possession
8. Seller's Warranties: Mandatory warranties regarding property title, encumbrances, and condition
9. Urban Planning Declarations: Mandatory statements regarding zoning and planning permissions
10. Environmental Declarations: Statements regarding soil quality and environmental compliance
11. Tax Declarations: Statements regarding tax matters and registration duties
12. Costs and Expenses: Allocation of notary fees, registration duties, and other transaction costs
13. Execution: Formal execution clause and notarial certification
1. Easements and Servitudes: Used when there are existing rights of way or other encumbrances that need to be documented
2. Special Conditions: Used for any unique terms specific to the transaction
3. Construction Permits: Required when there are ongoing or pending construction permits
4. Mortgage Discharge: Included when existing mortgages need to be discharged
5. Co-ownership Provisions: Required when the property is part of a co-ownership structure
6. Agricultural Declarations: Required when the land has agricultural designation or usage
7. Spousal Consent: Required when the seller is married under certain matrimonial regimes
1. Land Registry Extract: Recent extract from the land registry showing title details
2. Cadastral Plan: Official plan showing the property boundaries and measurements
3. Soil Certificate: Certificate regarding soil quality and contamination status
4. Urban Planning Certificate: Certificate showing zoning and planning status
5. Energy Performance Certificate: If there are buildings on the land
6. Property Tax Statements: Recent property tax assessments and payments
7. Technical Reports: Any surveyor's reports or technical assessments
8. Environmental Reports: Any required environmental impact assessments or studies
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