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§ 71. Extent of common ownership
- (1)
- The shares of co-owners in a shared thing are equal unless otherwise provided by law or a transaction.
- (2)
- The share of the fruit of a shared thing corresponding to a co-owner's share belongs to the co-owner unless otherwise provided by law, a transaction or agreement.
- (3)
- With respect to other co-owners, a co-owner has the rights of an owner with regard to the co-owner's share in the shared thing, considering the rights of the other co-owners.
- (4)
- With respect to third persons, a co-owner has all the rights of an owner with regard to the shared thing.
§ 72. Possession and use of common ownership
- (1)
- Co-owners shall possess and use a shared thing according to an agreement or a decision of a majority of the co-owners if the majority owns the larger share in the shared thing.
- (2)
- Income corresponding to the share of a co-owner that the co-owner has the right to receive shall not be reduced by the majority specified in subsection (1) of this section without the consent of the co-owner.
- (3)
- A co-owner has the right to use a shared thing in so far as this does not hinder common use by the other co-owners.
- (4)
- A co-owner has the right to perform acts necessary for preservation of a thing without the consent of the other co-owners, but the co-owner may demand reimbursement of necessary expenses from the other co-owners in proportion to their shares.
- (5)
- A co-owner has the right to demand from the other co-owners that possession and use of a thing in common ownership be effected according to the interests of all co-owners.
§ 73. Disposal of legal share of common ownership
- (1)
- A co-owner may transfer, bequeath, pledge or in any other manner dispose of the legal share in a shared thing belonging to the co-owner.
- (2)
- Upon transfer of a legal share in an immovable to a person who is neither a co-owner nor privileged pursuant to law, the other co-owners have the right of pre-emption to the legal share being transferred.
- (3)
- The right of pre-emption specified in subsection (2) of this section is also valid upon the sale of a legal share of a co-owner in an immovable by compulsory auction.
- (4)
- The provisions of subsection (2) of this section do not apply if a co-owner transfers a legal share in immovables to a descendant or parent.
§ 74. Disposal of common ownership as whole or as physical share
- (1)
- A thing in common ownership may be transferred or encumbered as a whole or as a physical share, and a thing or its economic purpose may be significantly changed only by agreement of all co-owners.
- (2)
- A transaction of a co-owner entered into without the consent of all co-owners for an objective specified in subsection (1) of this section is invalid, and the co-owner who entered it is required to compensate the other co-owners for damage caused thereby.
§ 75. Bearing of encumbrances and expenses
- (1)
- A co-owner shall bear the encumbrances incumbent on a shared thing corresponding to the size of the share belonging to the co-owner, and any damage and expenses relating to the maintenance, possession and use of the thing.
- (2)
- A co-owner is liable for the co-owner's debts with the share in the common ownership belonging to the co-owner.
§ 76. Demand for extinguishment of common ownership
- (1)
- A co-owner has the right to demand extinguishment of common ownership unless this is contrary to the basis for the creation of the common ownership.
- (2)
- Extinguishment of common ownership shall not be prohibited for longer than ten years by a transaction which is the basis for the creation of the common ownership. If there is good reason, extinguishment of common ownership may be demanded earlier, but it shall not be demanded at a time unfavourable to the co-owners or management of the thing.
§ 77. Division of thing upon extinguishment of common ownership
- (1)
- Upon extinguishment of common ownership, a thing shall be divided according to the agreement of the co-owners.
- (2)
- Failing agreement of the co-owners with respect to the manner of division of a thing in common ownership, a court shall decide according to the circumstances whether to divide the thing among the co-owners in physical shares, to give the thing to one or several co-owners and impose on them the obligation to pay the other co-owners for their shares in money, or to sell the thing by public auction or auction among the co-owners and divide the money received among the co-owners according to the size of their shares.
- (3)
- Upon division of common ownership as physical shares, if the value of the physical shares does not correspond to the value of the legal shares belonging to the co-owners, the court may order a monetary set-off for equalisation of the shares or encumber individual shares with a servitude for the benefit of the other shares.
- (4)
- The division of shares in real terms determined by the court may also be effected by lot, where necessary.
§ 78. Separation of share from common ownership
A co-owner has the right to demand separation of the co-owner's share from a shared thing as a physical share, unless this is contrary to the basis for the creation of the common ownership or the nature of the thing.
§ 79. Validity of agreement and majority decision of co-owners with respect to legal successors
An agreement or majority decision of the co-owners concerning the procedure for possession and use of a common immovable, and an agreement concerning the prohibition of extinguishment of common ownership in an immovable are, if entered in the land register as a notation, valid with respect to the legal successors of the co-owners. (17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
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