TIME FOR CHANGE

News in the area of joint ownership

From the beginning of 2014 the new Civil code becomes effective. It brings news to the area of property ownership. One of the areas that are going to be influenced by the new Civil code is the field of joint ownership. This field brings various potential conflicts.

Joint ownership can cause many disputes

The status of joint ownership can be caused by divorce settlement or heritage. Since in many cases it is not possible that the owner uses the given portion of the property or that it is necessary to agree on various things while taking care of the property, it is very likely to come to disputes.

 

 

These can often end up at court. Only the court of law then has the right to order the person in question how to take care of the property. The new Civil code seeks to avoid as many disputes as possible and therefore to enlighten the courts.

It is possible to charge an administrator

It is a novelty in this area the possibility to assign a specific administrator from one of  the joint owners. This administrator acts as a deputy for all of them in the outside matters. For example when dealing with authorities it is not necessary to have delegation of authority from the rest of the owners.

 

This fact can significantly speed things up.  Nowadays it is necessary to obtain at least an absolute majority of the owners to agree with intended care or changes.  This number will now be sufficient only for common administration. Important decisions will need two thirds of the supporting owners.

Accessory joint ownership as an absolute novelty

The new Civil code also brings a new term- accessory joint ownership. As a typical example can be a road in a cottage settlement. It is a property of all owners of the surrounding properties. The ownership of this road is bound to the ownership of another property. It serves the owners to properly use their property.

 

In this case it is not possible to use the property without the accessory joint ownership. To acquire a share of this road it is necessary to acquire ownership of another property. Administration of the road is provided by the administrator. All owners share the costs of the administration.