Comprehensive information on the real partition of land parcels

It is not uncommon for a property to need to be subdivided. There are various motives for this. In any case, however, a subdivision of the property also brings about fundamental changes to the property rights, as recorded in the land register, because a subdivision in kind creates two independent properties.

When is a physical partition of a property carried out?

A subdivision of a property can be considered, for example, when:

• part of plot of land is to be sold, because you need money
• the Care and maintenance expenses should be reduced
• die property tax burden should be reduced
• on the property another house is to be built
• the property better utilized economically becomes
• herself Land and real estate owners are excluded let

Differences between physical partition and ideal partition

When dividing the property, one can choose between a physical division or a division into fractional shares.

Characteristics of real division

A physical division is when an existing property is divided into two or more independent properties, so that the thus resulting parcels independently of each other can be disposed of. The owner of the property hereby declares the division not only to the land registry office, but the partitioning of the respective properties also takes place in the cadastre office instead. Such a division is, however, conditional upon it not contradicting the applicable Zoning plan stands, because in such a case it would not be permissible.

Legally speaking, the subdivision of the plot extinguishes the original plot and creates two or more new plots. However, a physical partition can also be initiated if a married couple gets a divorce and owns a property or a plot of land. This is because a physical partition can also take place here, provided the house or plot of land is large enough for both owners to live on it separately. For example, a physical partition is not possible if the house only has one floor or a small plot of land.

Characteristics of ideal division

If the property is divided ideally, the plot remains in its original form. In the process, the additional owner merely acquires a share of the property upon division. Co-ownership. Which rights and obligations must be observed in this regard are set out in the Condominium Act established. By creating rights of special use and special ownership, however, economically speaking almost a similar result can be achieved as with a real division. However, legally speaking no division takes place, because The property can only be disposed of jointly..

One reason why physical partition is preferred over ideal partition lies in the restricted power of disposal. Only when building regulations prevent physical partition is an ideal partition preferred over a physical partition.

How long does a parcel subdivision take?

Before the actual division can begin, it must first be clarified whether any building regulations must be considered and whether the development plan sets limits in the event of a subdivision. In this regard, one should contact the respective responsible building authority. Official approval is generally not required for such a subdivision.

However, there are also federal states here with exceptions that require a subdivision permit for the real partition of developed plots of land. Since a large number of entities are involved in a land subdivision and numerous work steps are required, which in turn are subject to statutory deadlines, the Implementation of this division over several months extend, which should definitely be taken into account during planning.

How does a partition in kind take place?

A official surveying of the property is an important prerequisite for the real partition. This is done upon written application by the surveying administration or a surveying engineer who is publicly appointed.

Subsequently, a new [missing noun] is [created/entered] by the surveyor at the surveying office. Floor plan with the new Parcel number applied for. This process is also referred to as continuation, in which the cadastre office immediately notifies the land registry office of this change. In the Land Register the only change is that after the real division, a plot of land consists of two or more parcels, but it remains a single plot of land.

With the new cadastral map, the trip to the notary is finalized, because the new cadastral map is the basis for the notary visit. The notary initiates the inclusion of the actual partition in the land register. Only through the notary's application does the actual subdivision in the land register or the transfer of ownership take place. The prerequisite for this is the continuation notice from the cadastral office.

For the planned depreciation, the notary will also obtain necessary certificates and approvals if applicable, and likewise initiate the change in the land register. It is also part of the notary's responsibilities to handle the registration of any easements that may have been agreed upon. However, a partition in kind does not necessarily have to be in the context of the real estate purchase agreement.

If a purchase agreement is to be concluded at the same time as the division, this is also handled by a notary. The division only becomes legally effective once the corresponding entry has been made in the land register.

Why should ground easements be established?

Anyone who wants to carry out a physical partition of the property will rarely be able to avoid, easements to be agreed upon, especially when a rear land parcel is created through a physical division. This refers to a plot of land that does not have direct Access to utility lines and public pathways provided. Access must be ensured via the abutting or front property. In the context of subdivision, these mentioned easements generally involve rights of way, passage, and utility rights for water, sewage, and electricity, which the owner of the rear property requires.

The rights and obligations regarding the usage rights are then contractually established as the basis in the basic easement. The usage right can hereby be defined by a compensation for use can be agreed upon. Likewise, there is also the possibility of having the user contribute to any maintenance costs that may arise, such as for the access road. However, the cost sharing and compensation depend on the respective intensity of use and are therefore a Matter of negotiation.

How are the costs of a partition in kind composed?

The costs for dividing a plot of land are not inconsiderable and frequently amount to several thousand dollars. Among the significant cost items are the notary fees and the surveying costs, furthermore there are the costs for the entry in the land register added. However, the final amount of the costs depends on various factors; these influencing variables include, for example:

• the number of statutory boundary stones
• the size of the property
• the number of individual plots
• the value of the property

For the surveying costs, the relevant fee regulations apply, which can vary depending on the federal state. These fee regulations stipulate a fee for every single surveying step. If a subdivision survey is carried out, the fees are graded according to the value of the land. Thus, if the land value is high, a higher fee must also be expected. The fees for the land register entry and the notary fees are calculated in accordance with the German Act on Notary and Court Costs.