Declaration of division
In German residential property law, the declaration of division is the declaration by the property owner to the land registry that the property in the property will be divided into co- ownership shares .
General
The declaration of division is an important legal basis for apartment or partial ownership and must be submitted once when it is justified. It is a unilateral declaration, which must be submitted by the property owner and aimed at the Land Registry accurate information on land registry law to give facts.
Legal issues
When establishing residential property, the property owner must submit a declaration of division in accordance with Section 8 (1) WEG . This happens either through a real contract of the co-owners of the property or through a real declaration of division by the sole property owner and entry in the land register. It relates to the allocation plan that becomes part of it. The distribution plan must be certified by the building supervisory authority as the competent approval authority ( Section 7 WEG). For this purpose, the authority checks the seclusion of the usage units and whether the content of the division plan corresponds to the building permit belonging to the property .
The declaration of division represents a unilateral declaration of intent that must be received by the land registry. According to Section 29 GBO, it only requires notarial certification , but in practice most declarations of division are made through notarial certification . By dividing the explanation will share with each special property at a specific flat or non-residential purposes certain rooms ( partial ownership ) established or in a connected on the plot to be constructed. Apartment and part owners are obliged to participate in changes to the declaration of division if their retention leads to grossly unfair results that cannot be reconciled with good faith . The declaration of division is a prerequisite for the establishment of the apartment land registers: Based on the declaration of division, the land registry ex officio divides the previous land register into apartment and partial ownership land registers . Later changes to the declaration of division always require the unanimity of the apartment owners' meeting .
content
The declaration of division stipulates what should be jointly owned and what should be privately owned. A property law part deals with the division of the apartment or partial ownership into co-ownership shares , while the community regulations contain basic rules for the community relationship between the apartment or partial owners as well as usage rules ( Section 15 (1) WEG). If there are no rules of use, these must be determined by a majority vote in an owners' meeting. The house rules can also be part of a declaration of division, but they are usually only adopted after the declaration of division. The distribution of operating and ancillary costs can also be regulated . In addition, special rights of use (e.g. parking spaces ) are usually recorded.
Other areas of law
In patent law , a divisional application is possible in accordance with Section 39 (1 ) of the Patent Act , whereby the applicant must submit the declaration of division in writing to the German Patent and Trademark Office . At the same time, the partial transfer of a trademark is also permitted in trademark law in accordance with Section 27 (4 ) of the Trademark Act in conjunction with Section 46 (1) of the Trademark Act. The trademark owner has the right to submit a corresponding declaration of division to the German Patent and Trademark Office.
literature
- Johannes Bärmann: Apartment Ownership Act. Commentary , 10th edition, Munich 2008, ISBN 978-3-406-57308-8
- Georg Jennißen (ed.): Apartment Ownership Act , Cologne 2008, ISBN 978-3-504-45062-5
Individual evidence
- ↑ Alexander C. Blankenstein, Lexikon Wohnungseigentum , 2008, p. 676 f.
- ↑ Manfred Rapp, in: Julius von Staudinger , BGB Commentary , 13th edition, 2005, § 8 WEG, Rn. 4th
- ↑ Lena Dannenberg-Mletzko, Notariatskunde , 2002, p. 112
- ↑ BGHZ 130, 304 , 312
- ^ Karl-Friedrich Moersch, Wohnen im Alter von AZ , 2007, p. 123
- ^ Karl-Friedrich Moersch, Wohnen im Alter von AZ , 2007, p. 123
