Logo Advokátní kancelář roku 2023

Unnecessary mistakes in the gift agreement

Mrs Kamila downloaded a model gift agreement from the internet, which she slightly modified and completed. The result? She lost her flat worth three million crowns. Almost everything related to the donation of real estate can be done conveniently from home without any risk.

Jak svolat členskou schůzi SVJ a BD
2 minutes of reading

Mrs. Kamila took care of her sick grandmother for many years. However, she was not her real grandmother, but a neighbor. Kamila just helped her until it became a daily care. Although Kamila did not expect it at all, her grandmother decided to give Kamila her apartment. The old lady was not well with her family, who did not care for her at all.

But the problem was that Mrs. Kamila did not consult anyone. She had downloaded an old model of a property donation contract from the internet, filled it in incompletely and this is how she and her sick grandmother signed the contract and submitted it to the land registry.

It turned out, however, that Kamila had incorrectly marked her share in the common parts of the house. Instead of a fraction, she had filled in square metres for the size of the share. She had also forgotten to indicate the share in the related land around the house, i.e. the garden.

Because of the mistake, the land registry stopped the proceedings and rejected the gift agreement. In the meantime, however, the old lady had died and her flat had passed to her heirs in the inheritance proceedings. Mrs. Kamila was thus left with only a very expensive lesson according to the popular saying – one acquires easily, one loses easily.

Donation of real estate

We will provide you with a complete legal service related to real estate donation, including a proposal for entry into the Land Registry. We will also advise you on how to deal with taxes in the most advantageous way. We will handle everything quickly and flawlessly, so you don’t have to worry about a thing. You can pay after the service has been provided.

What to watch out for

However, there are several possible errors in the submission to the Land Registry and some of them may lead to the rejection of the proposal and the need to sign a new contract.

  • When transferring (i.e. even gifting property) flats, properties are transferred on multiple title deeds, which is often forgotten.
  • Each share must be specifically identified, not forgetting both the share in the land on which the house and flat stand and the share in the house itself.
  • In connection with the new Civil Code, the apartment is defined differently than before, which can also lead to an error at the land registry. Especially if it is based on the old contract.
  • The house is not necessarily part of the land even today, so you may find that only the land without the house or the house without the land is transferred to your ownership by mistake.

Are you solving a similar problem?

Dostupný advokát team of online lawyers will solve it for you.

Donation of real estate

We will provide you with a complete legal service related to real estate donation, including a proposal for entry into the Land Registry. We will also advise you on how to deal with taxes in the most advantageous way. We will handle everything quickly and flawlessly, so you don’t have to worry about a thing. You can pay after the service has been provided.

Preset Prices
All services pre-priced for no surprises.
We Do Everything Online
Save time, money and the hassle of travel.
We Work Fast
90 % of issues get solved by the following day.
Experienced Team
We have specialists for every field of law.

Has this content helped you? Give it a rating

No rating yet. Be first to rate and help others.

Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

Reviews of the Dostupný advokát service

Recenze služby

Monika Holcátová, Prague

before 3 years

Your reputation is well deserved. All our contracts were done quickly and accurately. In addition, Dostupný advokát explained the legal regulations for our property easement, which I found critical to our success because as a layman I had no idea what problems that could cause us. I have no suggestions for improving your service, because (zobrazit více) I am completely satisfied.

Recenze služby

Jitka Salačová, Praha 6 – Řepy

before 3 years

In 2016 our Homeowner Association faced an unexpected event which led to the need for legal help. We reviewed many professional legal services, and chose Dostupný advokát because they remain available for contact practically anytime, without charging extra for being outside work hours. In addition, Mr. Preuss is available to speak with by phone, email (zobrazit více) and Skype, and he never fails to be respectable and discrete. We can confidently confirm the excellent quality of his service, loyalty and availability online.

Recenze služby

PhDr. Helena Hoffmanová, Prague

before 3 years

I lease and sublease properties professionally and have been working with Dostupný advokát regularly long term. I especially appreciate their reliability. I also admire the flexibility and professionalism of their online legal service. But what I value most is that they are always on top of the latest news. With Dostupný advokát I can feel (zobrazit více) confident because I know that my business is always covered.

View All Testimonials

You could also be interested in

About us in public media
Logo Česká advokátní komora Logo Advokátní kancelář roku 2023
Follow the news
Facebook Dostupný advokát Twitter / X Dostupný advokát