Co-owner does not agree with the sale of the land, what are my options?

Due to the fragmentation of land in Slovakia, we often encounter joint ownership of land shares. It often happens that some co-owner disagrees with the sale of the land, even though the others insist on selling. In the article, we will explore the options available in such cases.

• Agreement on the cancellation and settlement of joint ownership
• When is it possible to divide the land?
• Can I sell only my co-ownership share?
• What would be the costs of legal proceedings?
• How can the court decide if a co-owner refuses any agreement?
• What would be the costs of legal proceedings?
• Our offer

Agreement on the cancellation and settlement of joint ownership

The first option is to attempt to reach an agreement with the other co-owners. If an agreement cannot be reached, we recommend that the co-owners send a proposal for an agreement to cancel and settle the joint ownership. You can propose a method of settlement, such as selling the land and dividing the proceeds or compensating the co-owner and then selling the land or having them compensate you. In the case of divisible land, settlement can also be achieved through the physical division of the land. A geometric plan will be required for the division. You can offer co-owners terms for various settlement alternatives that are acceptable to you.

Agreement may be complicated if one of the co-owners is deceased. In such a case, you can approach the heirs to to initiate supplementary inheritance proceedings.Or you can file a motion for supplementary inheritance proceedings yourself (as a person with a legal interest in the inheritance).

• How to submit a proposal for supplementary inheritance proceedings?

When is it possible to divide the land?

In general, land can be divided in built-up areas of municipalities. The prohibition on fragmentation applies to agricultural and forest land. According to the Law on Certain Measures for the Arrangement of Ownership to Land, based on a legal act or court decision on the settlement of joint ownership or a decision on inheritance, no division of existing land can occur if the resulting land parcel is smaller than 3,000 m²for agricultural land or smaller than 5,000 m²for forest land.

Of course, it is necessary to consider whether, given the size, shape, location, etc., the division would not lead to depreciation.

Sell only your co-ownership share

Furthermore, you can sell only your co-ownership share. In this case, you must first offer the share to the other co-owners. If the other co-owners do not accept the offer, you can offer the land for sale to other interested parties under the same conditions. In this case, the buyer would continue in the co-ownership instead of you.

Lawsuit for the cancellation and settlement of joint ownership

If none of the above options are satisfactory, a lawsuit to cancel and settle joint ownership may be considered. It should be noted that a court dispute can take years (especially if there are obstructions by other participants, if other participants use remedies, etc.). The duration cannot be accurately estimated.

Co-owner does not agree with the sale of the land, how can the court decide

In such cases, court proceedings are governed by several principles. According to Section no. 142 paragraph 2 of the Civil Code: "If no agreement is reached, the court will cancel the joint ownership and settle it at the request of any co-owner. It will take into account the size of the shares and the purposeful use of the property. If the division of the property is not feasible, the court shall order the transfer of the property to one or more co-owners for reasonable compensation. The court shall take into account that the property can be used effectively and the violent behaviour of the co-owner towards other co-owners. If none of the co-owners wants the property, the court will order its sale and distribute the proceeds according to the shares."

From the above provision, it follows that the court first examines whether the land can be divided, and only then, if the division is not feasible, orders the property to be transferred to one or more co-owners and only in case none of the co-owners is interested, the court orders the sale of the land and the distribution of proceeds. In the case of an agreement between co-owners, this order of possibilities does not bind.

The law allows the court, for reasons worthy of special consideration, not to cancel joint ownership. In addition, when cancelling and settling joint ownership by dividing the property, the court may establish an encumbrance on the newly created property in favour of the owner of another newly created property.

Costs of legal proceedings

Many clients are interested in costs when deciding on further steps. As for the costs of legal proceedings, you should expect to pay a court fee of EUR 49.50. According to the Law on Court Fees, this is the amount of the court fee for a lawsuit or a proposal to initiate proceedings if a separate fee is not established, if the subject of the proceedings cannot be assessed in money terms.

Furthermore, an expert opinion will be required to determine the value of the land. You can either commission (and pay for) a private expert opinion before filing the lawsuit, or you can propose that the court appoint an expert. If you propose the appointment of an expert by the court, the court will ask you to pay an advance for the costs of expert evidence. The price for an expert opinion may vary, depending on the type of land. It can start from around EUR 150 – 200.

In the case of legal representation, you should also consider the costs of legal services. The price of legal services is subject to individual agreement between the lawyer and the client. In such proceedings, most lawyers negotiate an hourly rate. Some of the costs of legal services may be reimbursed if the court awards the costs of the proceedings (which theoretically may not be the case or may not be in full).

What can we do for you if a co-owner disagrees with the sale of the land?

If you are interested, we will be happy to provide you with comprehensive legal services. The first step would be a personal, telephone, or online consultation, during which we would go through the details of your case, analyze the various options, and agree on the next steps. We are ready to prepare a pre-trial request, an agreement on the cancellation and settlement of joint ownership, or to represent you in court proceedings to cancel and settle joint ownership.