Gesamthandeigentum

Gesamthandeigentum is a form of co-ownership in German law where multiple individuals share ownership of a property. Unlike other co-ownership forms, Gesamthandeigentum does not allow individual co-owners to partition the property. Instead, they can only alienate (transfer) their shares. This concept is often used for partnerships, such as the co-ownership of an estate among heirs until it is settled and divided. This differs from Anglo-American law, which typically allows for partition or has different succession rules for joint tenancies and tenancies in common. German property law also emphasizes the owner's obligations to the community, particularly with farmland, which can be pooled for better utilization.12