What we should know when co-owner is unable to benefit from the specified part of the property


Each co-owner may use the common property in accordance with its purpose and in a manner not to interfere with the other

 
Under the law, every owner can use the common property in accordance with its purpose and in order to not interfere with other owners' use according to their rights.
When common property is used personally by some of the owners, they owe compensation to others about the benefits of which are deprived from the date of the written request.
The distribution of the use of co-owned property can be done in two ways - by providing real part of it for use of each co-owner in which the property is used by all owners or by providing it consistently for use of each owner for a certain period .
The provision of Art. 31 AA provides an explicit precondition for the right to compensation for unused personal use co-owner of the common property.
To occur obligation to pay compensation, the law requires only one condition - a written request. When it comes to joint ownership of real estate in order to limit the number of co-owners and change their art. 33 AA establishes an obligation for each co-owner who sells his part of a third party to present to the notary written evidence that is offered to other owners to buy its part under the same conditions as to declare in writing that they have not accepted the proposal. The judges recognize that the failure of this obligation warrants remaining owners within a certain period to buy the sold part of the co-owned property in actually agreed conditions.
The amount of compensation shall in principle be determined in accordance with the rental fee, taking into account the volume you use for the property owner - debtor exceed its quota share in ownership.
 
 


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What we should know when co-owner is unable to benefit from the specified part of the property What we should know when co-owner is unable to benefit from the specified part of the property