摘要
於地狹人稠之臺灣，土地價值水漲船高，又我國土地共有人之共有關係多係因繼承而來，致使一土地所有權多為數人共有之狀態，且共有人數甚為可觀的彼彼皆是，共有人對於共有土地使用及收益時常如同「看得到，卻吃不到」一般，因共有物之使用收益多有仰賴共有人間之約定，共有人間彼此牽制。雖於分別共有之情形，依照民法第818條規定，各共有人，除契約另有約定外，按其應有部分，對於共有物之全部，有使用收益之權；於公同共有，依照民法第827條第3項規定，各公同共有人之權利，及於公同共有物之全部。此二者規定雖規範了共有人之權益範圍，然人民往往因對法律之不熟悉，而無法順利就共有物為處分及對之使用收益，以至於共有人間時常就共有物之使用收益及處分不斷產生紛爭，為此分割共有物無疑係解決此多數人共有一所有權而難以順利約定就共有物使用收益問題之解決之道，分割共有物乃最有效簡化甚或消滅共有關係之最佳手段。共有土地分割係將共有土地從共有之狀態透過分割的方式轉化為各共有人單獨所有，就共有土地進行分割時，若共有人間難以達成協議則可再透過調處及裁判分割之方式，請求公正之第三方依具體個案情況及共有人之意願及土地之客觀使用狀態、相關法令及限制後，擇定最適宜最有利於共有人且符合社會經濟、公平正義之分割方式。
並列摘要
In Taiwan, where the land is narrow and the population is dense, land values are skyrocketing. Moreover, many of the lands in our country are owned by multiple people due to inheritance, resulting in a situation where multiple people often own a single piece of land. However, these co-owners often face the dilemma of being able to see the land but not being able to use or benefit from it. This is because the use and benefits of co-owned property often rely on agreements among co-owners, and they tend to constrain one another. Although under the Civil Code Article 818, in the case of separate co-ownership, each co-owner has the right to use and benefit from the entire property according to their share, unless otherwise agreed upon in the contract; and under Civil Code Article 827(3), in the case of joint co-ownership, each joint co-owner has the right to the entirety of the joint property. These regulations specify the scope of co-owners' rights and interests. However, people often have difficulties in disposing and benefiting from the co-owned property due to their unfamiliarity with the law. As a result, disputes often arise among co-owners regarding the use and disposal of the co-owned property. Therefore, dividing co-owned property is undoubtedly the best solution to resolve the difficulties of many people owning a single property and being unable to smoothly agree on the use and benefits of the co-owned property. Dividing co-owned property is the most effective and efficient way to simplify or even eliminate co-ownership relationships. Dividing co-owned land means transforming co-owned land from a shared state to individual ownership by means of division. When dividing co-owned land, if co-owners are unable to reach an agreement, they can seek the assistance of a third party for arbitration or judicial division. The third party will determine the most appropriate and beneficial division method for co-owners based on the specific circumstances of the case, the wishes of the co-owners, the objective use of the land, relevant laws and regulations, and considerations of social and economic fairness and justice.