On 07/07/2020 19.31, Martin Koppenhoefer wrote:
these are technical details that might vary, don’t know about your
jurisdiction and real estate market, but around here you do indeed
own a fraction of the building exterior and gardens, typically the
sum of all apartment surface areas is considered a 100%, and your
share of roof terrace, storage, internal access space and garden is
the fraction of your apartment divided by the total of apartment
areas. It’s also a liability (maintenance cost etc.). You also own
this fraction of the lot/ground.

But do you own a "share", or a *specific delineated portion*? IOW, say you own 25% of the playground; is there a legal line that you can draw on a map that specifies *which* 25%, or is it just 25% in an ephemeral sense (as is, to my understanding, usually the case in e.g. shared ownership of a business, or for that matter, shared ownership when a husband and wife own a house)? Are there legal deeds to this effect?

With row houses, there is a legal deed which precisely specifies what parts of the building belong to which owners.

On 7. Jul 2020, at 23:51, Matthew Woehlke wrote:
It looks like what we have here are "townhouses", which are
somewhere in between "strict" row houses and condominiums

just that there is no „town“

The difference between a row house and a "townhouse" (which might be a US thing) is that the exterior maintenance is handled by an association, to which you pay dues, and you can't modify the exterior without permission. Often, as in the original example in this thread, the exterior is more "clearly" a single, uniform structure as well. Both involve individual lots which split up the building, but what I would call a "strict" row house, the lot owner is responsible for the exterior of his/her lot.

I've lived in both.

I'm still inclined to argue that whether or not the *lots* are separate is probably a sensible criteria. I suspect that in your
"shared apartment ownership" example, the case is that the multiple
owners each own a 'share' of a *single* property.

it is possible (and more likely), but you could also undergo
procedures to actually split the property (maybe not in every case,
or by 12.4%, I admit I am unsure, but suppose the split parts
eventually must be independently usable, which is often but not
always possible)

Right, that's what I'm suggesting as a recommendation for apartment-style modeling vs. individual building modeling. We generally (AFAIK?) don't try to incorporate ownership information into the map (well, aside from maintenance purposes), but I can absolutely argue that mapping individual land deeds is useful and/or interesting.

In some sense, I could say that the question is whether the building is *legally* multiple separate properties. For townhouses and row houses, the answer is (typically) "yes". For apartments and condominiums, the answer is (typically) "no". So the recommendation would be "look up the property boundaries, and is they split the building, model it as split at the property boundaries, otherwise model it as a single building".

--
Matthew

_______________________________________________
Tagging mailing list
Tagging@openstreetmap.org
https://lists.openstreetmap.org/listinfo/tagging

Reply via email to