Shared functional land is land that is required for the normal use of more than one building. The problem originated in the time of social property, when an individual could not acquire ownership of a plot of land that was socially owned. In today's system of private property, it is therefore necessary to determine what amount of land around a building or buildings belongs to the owners of these buildings, on the basis of a set of criteria, such as plans and implementation in the construction phase and regular use over time. Persons, who are recorded as owners of these plots in the land registry, had often never acquired or have already lost ownership of the land, according to the former rules on the right of use and the rules on the privatization of socially owned real estate. Today, the procedure for determining the shared functional land is regulated by the Act Establishing Commonhold Tenure in Certain Buildings and Determining Commonhold Land (ZVEtL-1), which replaced the previously used Act on the Acquisition of the Strata Title of a Part of a Building on the Proposal of the Owner and on Determining the Land Belonging Thereto (ZVEtL).
In my master's thesis, I present the legal and theoretical bases for determining the shared functional land, and by analyzing first-instance court decisions, I show how these procedures take place in practice.
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