An superficies agreement is an agreement between the owner of a land and a person to whom it confers the rights to own buildings, structures or plantations, above or below the land.
The person who has the right to own the buildings, structures or plantations, so-called surface property, is subject to all taxes.
Unless otherwise indicated, the right acquired with the surface agreement is transferable and transmissible by inheritance. The agreement can indicate a fixed period of validity or be for the entire life of the owner. If no period of validity is indicated, either party may terminate the contract with reasonable notice.
When rent has to be paid, one year’s notice or one year’s paid rent must be given. When the surface right is extinguished, for any cause, the landlord undertakes to immediately remove his building, structures or plantations from the owner’s land, at the expense of the landlord.

LCS offers a wide range of professional advice and legal support for drafting and revising contracts. Among them, we can provide extensive support to finalize your superficies agreement. Particularly, the details of this type of agreement should never be left to chance.

In fact, the legal accuracy of the surface agreement is very important. All this must be considered before investing in construction or business start-ups, which involve the exploitation of land.
Undoubtedly, the clarity and the details of the text of the agreement can determine the success or failure of a project.
In fact, if written inadequately, this agreement could be challenged by the other party and canceled due to invalidity. When instead it should protect you in your investment.

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