Land under a cooperative (i.e. under the buildings of former or current cooperatives) is one of the most frequent cases of unsettled legal relations to real estate. In this case, the relationship is between the owner of the land and the owner of the building (e.g. stables, etc.).
It is common that the owner of the land is not the same as the owner of the condominium building. It is also quite common that the owner of the building in such a case has no right to the land.
The owners of such land usually have an interest in benefiting from their property in some way. The owner of the buildings on the site of the cooperative will in turn seek to use the land for as long and as cheaply as possible.
Legal means
In order to make the best use or monetisation of his land, a landowner has various legal means to do so, the appropriateness of which depends on the particular circumstances. In particular, these legal means are:
- an action for land eviction,
- an action for the recovery of unjust enrichment,
- a proposal pursuant to Section 135c(1) of the Civil Code,
- by concluding a lease or loan agreement,
- exchanging land for another thing (e.g. land),
- donation of land,
- by selling the land (if the owner has no interest in using it).
Who to sell the land under the cooperative to?
Land can be sold to anyone in such cases. Usually the owner of the building will be interested in buying the land, but it is not excluded that another person will buy it more profitably, even knowing that he will have a foreign building on the land. In the case of land that is co-owned, it will be necessary to respect the pre-emption right of the co-owners when selling, and the settlement of co-ownership by the court is also an option.
If you would like advice on selling the land under the co-op, you can contact me.
