Home Experience Application of the principle of unity of land and buildings in practice
Application of the principle of building and land unity in practice

Application of the principle of unity of land and buildings in practice

Our firm was contacted by clients whose real property contained land units with a building whose ownership was not clearly determined. ¾ of the building was located in one property, and the remaining ¼, in another. The firm’s successful activities resulted in a court ruling that terminated the forced split ownership, with a land unit containing a building with unclear ownership, setting up a unified real property.

Client's story

Our firm was contacted by clients whose real property contained land units with a building whose ownership was not clearly determined. The building was laid out in such a way that ¾ of its total floor area was in one property, and the remaining ¼, in another.

Solution

Based on Section 968 of the Civil Law, which states that a building constructed on a plot of land and permanently attached to it is deemed a part of that land, a lawsuit was filed for the recognition of ownership over a building, whereby the court was requested to recognise the ownership rights of both the owners of the real properties over the aliquot parts of the building.
In accordance with the building layout diagram provided with the civil case materials, the court ruled to recognise the plaintiffs’ ownership rights over 289/437 and 148/437 aliquot parts of the building, respectively. That is, the firm’s successful activities resulted in a court ruling that terminated the forced split ownership, with a land unit containing a building with unclear ownership, setting up a unified real property.