Realsameie
A realsameie is a shared area owned jointly by the surrounding properties. Ownership follows the property, not the person: when a participating property is sold, mortgaged or subdivided, the realsameie share automatically goes with it. The shares cannot be transferred separately from the property.
The legal relationship is governed by default rules in sameieloven § 1 onwards, unless the parties have agreed otherwise. The act sets out rules on use, maintenance, cost allocation by sameiebrøk (co-ownership fraction), majority decisions and the statutory right of first refusal, and it applies in addition to the provisions of jordskiftelova chapter 4 on clarification of rights and boundary determination, which also cover registration of jordsameie. The difference from a personal sameie is that there the shares are tied to named persons and can be transferred freely; in a realsameie the share is an additional right attached to a specific matrikkelenhet.
Typical examples are shared outlying land, forest, pasture, fishing and water rights that several farms have historically used together, or a shared access road, playground and parking area in a housing development. In the matrikkel, a realsameie is normally recorded as a separate matrikkelenhet with several registered joint owners, and the rights also appear in Grunnboken at Kartverket. When a development project affects such parcels, all participating properties must as a rule consent, and unclear or undivided sameier are often sorted out through a case before Jordskifteretten (the land consolidation court), which can set boundaries, allocate shares and clarify rights.
A realsameie can create significant obstacles to development when the group of participants is large or unclear, because unanimity or a qualified majority is often required for material changes. Early clarification in Grunnboken and through dialogue with Jordskifteretten is therefore a standard part of due diligence on older sites, particularly in areas close to towns where old farm co-ownerships have remained inside today's block structure.
From Placepoint's glossary: Realsameie
More information: Lovdata: Sameigelova § 1, Kartverket: registration and Grunnboken, Store norske leksikon: realsameie
English: Real co-ownership (Norwegian-specific, undivided interest in land tied to ownership of another property).



