Dividing Co-owned Land into Real Physical Parts
Dividing co-owned land into real physical parts is a legal procedure governed by the Law of Property Act (Asjaõigusseadus - AÕS). When co-owners decide to terminate their co-ownership and divide the land into separate real estate units, specific legal steps must be followed.
1. Legal Basis for Termination
Pursuant to AÕS § 76 and § 77, every co-owner has the right to demand the termination of co-ownership. If the co-owners reach an agreement, the division is formalized through a notarized contract. If no agreement is reached, the court decides on the division.
2. The Division Process
Dividing a plot of land into real parts involves creating new cadastral units. The process typically includes:
- Land Management Plan: A licensed surveyor must be engaged to prepare a plan in accordance with the Planning Act.
- Notarized Agreement: Co-owners must sign a notarized agreement to terminate the co-ownership, defining the boundaries of the new properties.
- Land Register Entry: Once the contract is signed and cadastral surveying is complete, an application is submitted to the Land Registry to register the new properties.
3. Important Restrictions
It is crucial to note that any division must comply with the detailed spatial plans and building regulations established by the local municipality. If physical division is not technically feasible or violates the law, the court may order the termination of co-ownership in another manner, such as selling the property at a public auction and distributing the proceeds among the co-owners.
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