I bought a plot of land with a cousin. The plot is very large and I want to divide it up so I can use it freely. How can I do that?

There are countless situations in which more than one person owns the same property, be it movable or immovable. Faced with this scenario, the question arises: how can common ownership (co-ownership) be terminated?

To answer this question, we start by pointing out that, as a rule, any of the co-owners has the right to terminate the co-ownership.

With regard to the ways in which co-ownership can be terminated, it is necessary to

cases in which i) there is agreement between the parties; ii) there is no agreement between the parties.

In the first situation, the division can be made amicably and out of court. However, it is necessary to ensure that the respective agreements are signed (in the case of immovable property, the required form is a public deed or notarised private document) and registered.

In the second situation, on the other hand, the division will take place through a legal action for the division of the common property.

It should be emphasised, in any case, that the division of the property will always depend on its divisibility, and property will be divisible, without prejudice to special cases relating to rustic properties dedicated to agricultural cultivation, if its division does not imply a loss of value, substance or hinder use.

A property that is indivisible cannot, as the name suggests, be divided.

In this case, co-ownership may cease, but the property cannot be divided between the parties. In such situations, the property will be awarded to one of the parties or, failing agreement, sold.

It should be noted at this point that there may be lathes between the co-owners as a form of compensation. For example, if one of the co-owners is awarded the property, the other co-owners will have to be given lathes in proportion to their shares, i.e. their share of the property.

The first steps to take could therefore be as follows:

• Firstly, determine whether the property is divisible or indivisible.
• Next, find out if it is possible to divide the property (or sell the property/part of it) by agreement;
• If not, it will be necessary to file an action for division of the common property.