The Scope of Ownership

Real Estate and Property

Prepared by: Constantinople

The area of a property stated in the land register does not answer every question about the scope of ownership. Land boundaries, the status of buildings, integral parts, accessories and other persons' rights are assessed together.

Land, Buildings and Integral Parts

Ownership of immovable property extends to the air and underground layers to the extent that their use offers a benefit; statutory exceptions concerning buildings and plants remain applicable. Integral parts and accessories are distinct concepts. Where a building right, condominium ownership or a similar special arrangement exists, the building's legal status is examined separately.

Boundary and Plan Disputes

A fence or wall on the ground does not always establish the legal boundary by itself. The cadastral plan, boundary markers, parcel changes and, where necessary, technical surveying are compared. A building encroaching onto a neighbouring parcel and a shifted boundary may lead to different claims. Examination of maps and the legal basis of ownership must be considered together.

Effect on the Agreement

The buildings, installations and other elements included in a sale or handover are clarified. Separation of material from immovable property or its use for a business does not, by itself, determine its legal classification. Where the contractual description differs from the land register or actual situation, the price and available claims are assessed by reference to that difference.

Documents to Prepare for an Initial Review

Send each document in its entirety as held by you, rather than only its first page or a screenshot. We determine, according to the file, what authority is needed to obtain missing official records. The following records are helpful at the outset:

• Land register and cadastral plan
• Approved project
• Sale and handover documents
• List of buildings and accessories
• Boundary photographs

Why Do the Particular Circumstances Matter?

For example, where the inclusion of an installation on the sold property in the agreement is disputed, a photograph alone may not suffice. Its legal classification, purpose and the parties' contractual intention are compared. This distinction affects the scope of a claim for delivery or dismantling.