Why is Land Share Rearrangement Necessary?
Rearrangement of land share may be necessary for various reasons. The most common causes are:
Incorrect Land Share Determination: In some cases, land shares may be determined incorrectly. This is often caused by mistakes made during the construction phase.
Disproportionate Land Share Determination: Land shares may not always be determined in proportion to the values of independent sections. For example, it is common for apartments located on upper floors to have a larger land share than apartments located on lower floors. This may lead to injustice.
Increase or Decrease in the Value of the Building: The value of the building may increase or decrease over time. This may cause the land shares not to reflect their current value.
How to File a Lawsuit for Rearrangement of Land Share?
The lawsuit for reorganization of land share can be filed by any owner of the land share. The case is filed with the competent Civil Court of First Instance. It should be stated in the petition that the land shares are incorrect or disproportionate and that this situation causes material or moral damage to the plaintiff. Documents regarding the determination of land shares should also be attached to the petition.
Court process
After the case is filed, the court initiates an expert examination. The expert determines the land value of the building and the value of the independent sections. After the expert report is presented to the court, the parties present their defense on the report. After evaluating all the evidence, the court may decide to reorganize the land shares.
Matters to be taken into consideration in the case of rearrangement of land share
Before filing a lawsuit for reorganization of land share, it is important to pay attention to some issues. These points are:
Time to file a lawsuit: There is a 2-year period to file a lawsuit after it is learned that the land share is incorrect or disproportionate. It is not possible to file a lawsuit after this period has passed.
Required documents: Documents regarding the determination of land shares must be attached to the petition. These documents include the title deed, condominium registry and construction permit, if any.