Miteigentumsanteil

Miteigentumsanteil is a term from German real estate law referring to a co-ownership share in a jointly owned property, such as a residential building. It represents a fraction of the whole property and is usually registered in the land register as part of the Miteigentum along with the Sondereigentum (the privately owned unit). The share denotes the owner’s portion of the common property, such as stairwells, courtyards, and other shared facilities, and it serves as a basis for distribution of costs and rights within the Eigentümergemeinschaft (owners’ association).

The legal framework for Miteigentumsanteil is primarily laid down in the Wohnungseigentumsgesetz (WEG) and the division declaration (Teilungserklärung). In a typical arrangement, each unit has Sondereigentum and a corresponding Miteigentumsanteil in the Gemeinschaftseigentum. The proportion of the Miteigentumsanteil usually reflects the unit’s value or size relative to the total property, and it is fixed in the declaration and entered in the Grundbuch (land register).

Rights and obligations associated with a Miteigentumsanteil include participation in the use of common areas, voting in the Eigentümerversammlung, and bearing a proportionate share of maintenance and repair costs via the Gemeinschaftskosten (service charges) and the reserve fund. The exact weight of votes and the allocation of expenses can be defined by the division declaration or the community’s bylaws, though often the share correlates with the Miteigentumsanteil.

Transfer and implications: When a Sondereigentum unit is bought or sold, the corresponding Miteigentumsanteil is transferred as well. The Miteigentumsanteil remains tied to the property and affects rights, costs, and potential financial encumbrances related to the building’s common parts.