Deed of Division vs. Division Plan: Which is Binding in Conflicts?

In disputes about what’s private or shared in an apartment complex, it’s crucial to know which document takes precedence. Typically, this involves the deed of division and the division plan. But what happens when these conflict?

Deed of Division: The Legal Foundation

The deed of division is drafted by a notary and registered in the land registry. It includes:

• A description of the property’s division.
• Ownership shares for costs and voting rights.
• Rules for management and usage in the declaration of division.

The deed is legally binding and usually takes precedence in conflicts.

Division Plan: Visual Aid

The division plan accompanies the deed and visually indicates which areas are private or shared. While important, it’s considered a supplementary document.

What happens in a conflict?

If the deed and plan contradict each other, the deed’s text is binding. Its legal status overrides the plan’s illustrative function.

Practical tips for agents

• Review both documents: Ensure the deed and plan align with the physical property.
• Educate clients: Help buyers understand how conflicts are resolved and why the deed is crucial.