Property Partition: Key Questions and How to Get Legal Advice

Anyone who finds themselves considering the physical partition of real estate or land knows how complex and demanding this process can be.

Physical partition is the procedure for dividing shared property among co-owners, whether it’s an apartment, house, or parcel of land.

To help you better understand this topic and prepare for the process, here are several key questions to consider.

For Apartments:

  1. Where is the property located? (Street and number, floor and apartment)
  2. What is the cadastral parcel number?
  3. How was the property acquired?
  4. Is the property registered in the land registry? If so, is the total area of the property registered?
  5. What is the size of the property?
  6. Are there any encumbrances on the property?
  7. What is the value of the property?
  8. Is the property sole ownership or co-ownership?
  9. How many co-owners are there on the property?
  10. Have the co-ownership shares been determined? (Ideal or actual/real shares)
  11. Is there an agreement among co-owners regarding partition?
  12. What are the relationships with other co-owners?
  13. Does the property consist of divisible units? (For example, a four-story house where each floor is a separate apartment)
  14. Why do you want to execute the partition?

For Land or Parcel:

  1. Where is the land located? (Street and number)
  2. What is the cadastral parcel number?
  3. By what means was the land acquired?
  4. Is the land registered in the land registry? If so, is the total land area registered?
  5. What is the size of the land?
  6. What is the land category?
  7. Are there any structures on the land? Are they registered in the land registry?
  8. Are there any encumbrances on the land?
  9. What is the estimated value of the land?
  10. Is the land sole ownership or co-ownership?
  11. How many co-owners are there on the land?
  12. Have the co-ownership shares been determined? (Ideal or actual shares)
  13. Is there an agreement among co-owners regarding partition?
  14. What are the relationships with other co-owners?
  15. Has a survey and plan been conducted by a surveyor?
  16. Has the process of physical partition been initiated?
  17. Has the process of subdivision or consolidation been initiated?
  18. Why do you want to execute the partition?

If you find yourself in a situation where you are considering the physical partition of real estate or land and need legal advice or assistance in resolving the issue, please feel free to contact us at [email protected]. Our experts are ready to provide you with the necessary information and support to make the best decisions regarding this process. Your correspondence and answers to the above questions will help us provide you with more precise information and advice.

Note: This article is for informational purposes only and does not constitute legal advice. For specific legal situations, consult with a qualified attorney or legal advisor.

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