Placepoint

Sameie

Sameie (co-ownership) is an ownership form where two or more people own a property together, each with an undivided share of the whole. The share is called a sameiebrøk (ownership fraction) and is expressed as a fraction or a percentage (typically 1/2, 1/3, 25%). Each co-owner has the same rights and duties as a sole owner, but only for their own share. The ownership form is set out in sameieloven (the Co-ownership Act) of 1965.

Norwegian law has several types of sameie. Property law co-ownership under sameieloven is the general arrangement and covers everything from two siblings inheriting a cabin together, to larger plot co-ownerships in cabin areas. Eierseksjoner (freehold units) are a separate, statutory form of co-ownership in a building, where each unit has an exclusive right of use to a specific dwelling or commercial space; here eierseksjonsloven (the Unit Ownership Act) applies instead. Borettslag is not co-ownership, but a cooperative undertaking; the members own a share in the undertaking and have a right of use to a specific dwelling, not an undivided share of the property. Jordsameie and realsameie are old agricultural forms where the right of use follows a particular property, not a person.

Each co-owner has the right to use the whole property, but not in conflict with the corresponding right of the other co-owners. Significant decisions require a majority by ownership fraction, see sameieloven section 4; more far-reaching changes (change of use, substantial investments) require unanimity or a qualified majority. Maintenance and running costs are shared by fraction, and income (letting, sale of timber, grants) is shared in the same way. Sameieloven can be departed from: the parties can agree another arrangement in a co-ownership agreement or articles of association, and it is normally wise to do this in writing before disputes arise.

Each co-owner can sell their share freely under sameieloven section 10, without consent from the other co-owners. The other co-owners have a statutory right of first refusal on a sale under sameieloven section 11, except for a share that follows a particular property and changes owner together with it. The share is registered in Grunnboken under the co-owner's legal title, and a charge can be registered on the individual share without encumbering the shares of the others. In a dispute, a co-owner can demand dissolution of the co-ownership under sameieloven section 15; dissolution happens by physical division where that is possible, otherwise by forced sale.

Sameie is common in practice on inheritance (siblings taking over a parent's home or cabin), marriage (a shared home), cohabitation, and on a joint purchase of a plot or a building. For commercial property, co-ownership is used in plot co-ownerships (industrial areas with shared roads and infrastructure) and shared garages. For tax purposes the co-ownership is not a separate taxable entity; each co-owner is taxed on their share of income and wealth. That differs from a limited company, where the company itself is the taxable entity and the owners are taxed on distributions.

In Placepoint, co-ownership shows as several title holders in the property panel, with each holder's undivided share where it is registered.

How it looks in Placepoint

In Placepoint you find this in Property panel:

Sameie in Placepoint

From Placepoint's dictionary: Sameie

More information: Lovdata: Sameieloven, Store norske leksikon: sameie, Kartverket: Eierforhold

English: Co-ownership (Norwegian-specific; includes freehold condominium associations, eierseksjonssameie).

Common questions we come across

What is a sameie?

Sameie is an ownership form where two or more parties own a property together, each with an undivided share (sameiebrøk). The ownership form is set out in sameieloven of 1965.

What is the difference between sameie and borettslag?

In a sameie, each co-owner owns an undivided share of the property itself. In a borettslag, the members own a share in a cooperative undertaking and have a right of use to a specific dwelling; the property itself is owned by the cooperative.

Can I sell my share without consent from the other co-owners?

Yes. Under sameieloven section 10, each co-owner can sell their share freely. The other co-owners have a statutory right of first refusal on a sale under section 11, but not when the share follows a particular property and changes owner together with it.

How are costs and income shared in a sameie?

Running costs and income are shared by the sameiebrøk. Larger decisions require a majority by fraction; very far-reaching changes can require unanimity. The rules can be departed from and should be agreed in writing.

Can a sameie be dissolved?

Yes. Under sameieloven section 15, each co-owner can demand dissolution. The property is divided physically where that is possible, otherwise it is sold and the proceeds are shared by fraction.