What about the error of division

Division of land

A plot of land can real or ideal to be shared. Section 19 of the BauGB defines division as ... "the declaration made by the owner to the land registry that part of the property is to be written off in accordance with the land register and registered as an independent property or as a property together with other properties." ...

Real division of land

The real division of plots is done in such a way that a plot is actually divided into several plots. Two new independent properties are created, each of which is recorded in the land register with its own number or with a separate land register sheet. Requirement for the real division is that both plots are re-measured (division measurement) and the resulting partial plots are clearly defined in their location and border.

The property owner commissions a publicly appointed surveyor to re-measure the property. Then he applies to the land registry and surveying office for a new land map in which the future properties are recorded as parcels. This process in the real estate cadastre is Disassembly called. On this basis, he then applies for entry in the land register by the notary.

Ideal division of land

In the ideal division of a property, a property is divided into shares of several owners. If spouses buy a piece of property together, fractional joint ownership arises (Section 1008 of the German Civil Code). The Property remains but a unified whole. An ideal division also takes place if the owner of a property declares to the land registry office that the property in the property will be divided into co-ownership shares and that he intends to establish individual property in individual, self-contained apartments (declaration of division according to Section 8 WEG).

The reason for the division of land by real division is often that the landowner wants to build on a particularly large piece of land (e.g. parents enable their child to build a house). The reason can also be that the property owner shares his property, uses part of the property himself and wants to sell the other part of his property. Especially when it comes to unused building land, the sale after the real division can bring good money.

If the total is unused building site, the division of plots can lead to two or more independent building plots and thus increase the salability and the potential sales proceeds.

The prerequisite for the division of plots and their buildability is that the building regulations (in particular the spacing regulations and the development) are complied with and the specifications of the development plan are observed.