Assessment of the public protection of the legal interests of co-owners

Abstract

Each right is valuable if it ensures the legal interests of a right-holder to the maximum extent possible. The legal system must develop and maintain tools that would facilitate the effective exercising of lawful rights. Public registration is one of such tools. This is a means of legal protection ensuring the right, making it known to and binding on third parties. In the case of legal relationships concerning encumbered properties, it is particularly vital for co-owners to safeguard their interests and rights in both mutual and third-party relationships. Equally important is the protection of third-party interests in transactions involving an individual co-owner or a group of co-owners. This research analyses the necessity of public registration of individual rights of co-owners associated with real estate (e.g. pre-emptive rights, divided use of co-owned property).