Compensation for lost profits of a co-owner
Compensation for lost profits of a co-owner
Each co-owner can use the common property according to its purpose and in a way that does not prevent the other co-owners from using it according to their rights.
When the common property is used personally only by some of the co-owners, they owe compensation to the others for the benefit they are deprived of, from the day of the written request.
Case study:
The claim filed by the plaintiff R.R.D. asks the court to issue a decision to convict the defendant
A.A.D., to pay her the sum of BGN 3,000, representing compensation for the period 05.02.2005 - 05.02.2010. - for the fact that she was deprived of the use of 1/2 id. part of a dwelling - an apartment located in the city of L., street T with an area of 60 sq.m. and the parties to the case are co-owners. Pursuant to a court decision in 2004, which entered into force after the divorce, the family home was provided for use by the defendant. The apartment remains in joint ownership - 1/2 ideal share for the plaintiff and the defendant. A case was filed for division between them and a decision entered into force in 2007, which allowed division of the apartment into 1/2 ideal parts. In 2009, father A.A.D gave his son S.A.D. its 1/2 ideal part. In order to live in the apartment, a week later after the son accepted the inheritance, he signed a lease agreement with his father on the ideal part, with which he undertakes not to interfere with the second owner, who is the mother R.R.D. to the landlord.
Therefore, at the time of filing the claim, the defendant is the tenant, the son becomes the owner. The plaintiff's son should be the defendant in the claim filed in this way, and she should file the claims specifically against him from the specified date forward, since the plaintiff and her son are co-owners of the said apartment in 1/2 parts.
In view of this factual aspect, the court will reject the claim as groundless and unproven.
What should R.R.D. (the plaintiff) do?
- Written invitation. In order for the obligation of the co-owner using the common object to arise for compensation, it is necessary for the co-owner not using the object to send him a written invitation - as by its nature this is a unilateral declaration of will, which the other co-owner must receive and from which it can be seen, that the person deprived of the use of the common property wishes to be compensated. The written invitation also serves as the starting point of the delay, in view of the claim for interest,
- Witnesses. Testimony regarding the claims of the plaintiff - that she does not have access to the apartment, that the lock on the front door of the apartment has been changed and she cannot enter and use the common property.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg