Partition of a yard and buildings – how land and structures are divided

The partition of a yard and buildings is one of the most complex issues in property law. Many people ask: “Can the yard and the house be divided separately?” or “What happens if there is no access to the property?” The law provides solutions, but in practice numerous problems arise concerning regulation and access.

Legal framework
According to Art. 34 of the Property Act, every co-owner may request partition of the common property, including the yard and the buildings. Partition can be voluntary (through a notarially certified agreement) or judicial (under Arts. 341–348 of the Civil Procedure Code). In judicial partition, the court appoints an expert to propose a variant for dividing the yard and the buildings.

Division of the yard
If possible, the yard may be divided into real parts, each with access to a street. The partition must comply with urban planning rules and the requirements of the Spatial Development Act (SDA). If the division does not meet the minimum requirements for area and street frontage, the court may allocate the entire property to one co-owner against compensation for the others. Example: if a 600 sq.m. yard is divided between two heirs but the minimum area under the SDA is 400 sq.m., real partition is impossible, and the property is awarded to one heir.

Division of buildings
Under Art. 92 of the Property Act, buildings constructed on the land belong to the landowner (principle of accession). In co-ownership, the buildings are divided together with the land. If the buildings can be designated as separate units (e.g. two houses in one yard), the court may distribute them separately. Otherwise, the buildings are awarded to one heir, who owes compensation to the others.

Regulation and access issues
Partition must ensure real access to each part of the yard and the buildings. If access is impossible, a servitude (right of way) may be established under Arts. 192–193 SDA. In cases of missing regulation or illegal constructions, the court may refuse real partition and award the property to one co-owner.

Conclusion
The partition of a yard and buildings is possible only if it complies with construction and regulatory requirements. If real partition is not feasible, the court awards the property to one heir against compensation for the others. If you face such a case, seek advice from a property law attorney to verify regulation and protect your rights.

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