Last Updated on June 28, 2021 by LawEuro
German Civil Code (BGB) German law
Title 5
Co-ownership
Section 1008
Co-ownership by fractional shares
If the ownership of a thing is shared between more than one owner by fractional shares, the provisions of sections 1009 to 1011 apply.
Section 1009
Encumbrance in favour of a co-owner
(1) The co-owned thing may also be encumbered in favour of a co-owner.
(2) The encumbrance of a co-owned plot of land in favour of the owner for the time being of another plot of land and the encumbrance of another plot of land in favour of the owners for the time being of the co-owned plot of land are not excluded by reason of the other plot of land belonging to a co-owner of the co-owned plot of land.
Section 1010
Successor in interest of a co-owner
(1) Where the co-owners of a plot of land have arranged the management and use or excluded permanently or for a period of time the right to require the co-ownership to be dissolved, or have laid down a notice period, the provision agreed on has effect against the successor in interest of a co-owner only if it is registered in the Land Register as an encumbrance of the share.
(2) The claims set out in sections 755 and 756 may be asserted against the successor in interest of a co-owner only if they are registered in the Land Register.
Section 1011
Claims arising from co-ownership
Each co-owner may assert the claims arising from the ownership against third parties with regard to the thing as a whole, but the claim to return only in accordance with section 432.
Sections 1012 – 1017 (repealed)
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