Research on co-ownership in real estate transactions

On Friday, 20 March, at 14:00, in an open meeting of the Promotion Council of Legal Science of Rīga Stradiņš University which was held in the Hippocrates Lecture Theatre (16 Dzirciema Street, Rīga), Inga Kudeikina defended her doctoral thesis “Problems of the Institution of Co-ownership in Real Estate Transactions”.

The aim of the research was to analyse the legal regulation of co-ownership and its impact on the exercise of property rights upon making transactions with real estate. Current tendencies in property rights are related to the observation of social balance and public interests while executing private transactions. These aspects have an impact on the perception of property rights.

The following elements characterise co-ownership: first, restrictions for co-owners in the exercise of property rights; second, special procedures regulating transactions with immovable property stipulated by regulatory enactments. The most significant problematic aspects of co-ownership are the following: transactions with undivided share, divided use of co-owned property, the legal nature of co-ownership, legal mechanisms for exercising pre-emptive rights, termination of co-ownership, legal aspects of civil disputes arising from co-ownership relationships and possibilities of preventing such disputes.

It can be concluded that the restrictions for the exercising of property rights of co-owned property in particular cases are not proportionate. Modernisation of the legal regulation of co-ownership – reduction of the period for exercising of pre-emptive rights, typification of the agreement on the divided use of co-owned property, facilitation of actual division, purposeful use of mediation etc. – would foster the minimisation of encumbrance effects in co-ownership by maintaining safety of transactions and protecting public interests.