Agreement to divide the possession between joint owners (partitioning agreement)

A partition agreement is an agreement regarding the use and management of a piece of land among its co-owners. Additionally, the agreement may also cover the management of a building located on the land.

In legal terminology, the piece of land is generally referred to as “real estate” or “property”. In everyday language, however, “real estate” may refer to a fixed building and/or the associated land.

Within a partition agreement, detailed regulations can be established for the use of areas, common areas, separate areas, as well as matters such as access paths and the sharing of costs related to the maintenance of the land.

Furthermore, in the case of a developing piece of land, it may sometimes be necessary for the landowners to agree on future construction and contributions to obtaining building permits.

Once a partition agreement is documented, it also binds any new owner of the land or a portion of it. An unrecorded partition agreement does not bind a new owner unless the new owner becomes aware of the content of the partition agreement before the transfer.