Separate estate is after the German residential property law (WAY) the full property a right to a large extent on an equal footing at a dwelling (free-hold flat). Superordinate term is the residential property, which consists of the separate estate at a dwelling in connection with a co-ownership portion of the joint property, e.g. property and stairway.

After "§ 2 WAY can be justified the separate estate by contract of all joint owners of a property or by division of the exclusive owner.

The article of the separate estate is regulated in "§ 5 WAY. The concrete extent of the separate estate is usually exactly in the defined. To the separate estate belong generally the areas of the dwelling, floor mats, wallpapers, installation furniture, not basic walls within the dwelling and sanitary installations as well as still further area outside of the final dwelling such as cellar area and attic. Since the distinction between separate estate and Gemeinschaftseigentum can have finally cost-related very high effects, an exact definition is meaningfully, e.g. starting from when those sewage drain still to the separate estate to belong and starting from when to the Gemeinschaftseigentum.

To the separate estate the entire basic parts of the building, stairway, roof and window etc. do not belong. These are joint property of all residential properties.

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Text of the residential property law

Articles in category "Separate estate"

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