jagamisõigust

Jagamisõigust, often translated as "right of partition" or "partition right," is a legal concept originating in Estonian law. It refers to the right of co-owners of a property to demand its division. This division can be physical, meaning the property is physically separated into individual plots, or it can be a legal division, such as establishing separate ownership of different parts of a building while the land remains jointly owned.

The fundamental principle behind jagamisõigust is that no co-owner should be forced to remain in co-ownership indefinitely if they no longer wish to be a part of it. Each co-owner has the right to request the termination of co-ownership through a process of division. This right can be exercised even if the property is indivisible in its current state.

If physical division is not possible or practical, the law provides alternative solutions. One common outcome is that the property is sold, and the proceeds are distributed among the co-owners according to their respective shares. Alternatively, in cases involving buildings, one co-owner might be granted exclusive ownership of the entire property, with an obligation to compensate the other co-owners for their shares.

The process of exercising jagamisõigust typically involves negotiation between the co-owners. If an agreement cannot be reached, the matter can be brought before a court, which will then decide on the most appropriate method of partition. This legal mechanism ensures that disputes over jointly owned property can be resolved and that individual ownership can be established when desired by any of the parties involved.