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Term · Ownership and use

Undivided shares

A share in a jointly held right, not a particular room, part of the yard or parking space. Exclusive use requires a separate legal basis or allocation.

Definition

An undivided share is a mathematical share of a jointly owned property or common area. The owner holds a share in the whole, not an automatically allocated physical space. In a condominium, an apartment usually comes with shares in the building's common areas and sometimes in the land or the right to build.

In ordinary co-ownership, the percentage determines each co-owner's share. Use of a specific area may be agreed separately without changing ownership.

Example

What does it look like in practice?

The deed may indicate an apartment together with 2.35% common shares and corresponding common shares of the land. These percentages do not delineate 2.35% of the staircase or a certain rectangle in the yard.

In the case of an underground garage, the share can be combined with distributed use of a numbered space.

Common misconception

What is it commonly confused with?

Undivided shares, "common areas" included in an advertised floor area and the building's physical common areas are not the same. Agreed exclusive use of an area does not necessarily make it a separate property either.

A co-owner cannot claim a specific physical area as entirely their own merely because they hold a large share.

Practical significance

Why does it matter?

For the buyer, the quota affects the subject matter and price of the transaction, voting, maintenance costs, land use and future commons decisions. Missing or different percentages can make financing and subsequent sales difficult.

It is especially important to understand whether the promised parking space or yard is owned, shared, or just for use.

What to ask

What should you check next?

Compare the quotas in the title deed, the project, the scheme and the contract and check what common item each percentage refers to. Ask separately for the document governing the specific use if the seller promises a physically defined location.

If the amount, basis or description seems unclear, seek legal and technical review before payment.

Sources

Check the official source

This content is educational and does not replace a qualified professional's review of the documents for a specific property.

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