Legal Insights — EN
Can Compensation for Unauthorised Use Be Claimed from a Co-owner Using the Property Alone?
A co-owner's exclusive use does not invariably give rise to compensation for unauthorised use. Requests to benefit, use arrangements, income and exceptions are assessed according to the file.
House model divided into three shares and a use-measuring wheel

Co-owned Property and Dissolution of Co-ownership

Co-owned Property and Dissolution of Co-ownership

Prepared by: Constantinople

One co-owner using the shared property alone does not automatically create rent receivables for every other co-owner. Compensation for unauthorised use examines actual use, exclusion of the other co-owner from enjoyment and requests for a share of income. A use agreement may affect the result. Multiplying your share by the whole home's comparable rent is not, by itself, sufficient calculation.

As a rule, notification of a wish to benefit matters; exceptions depend on the file. Let property, income-producing property and denial of co-ownership are not treated identically. Retain earlier notices, messages, proceedings and payment requests with dates. Explain who uses each part and whether another part is available to you.

The current entry, period of use, leases, bank movements and income documents may be included initially. Comparable rent and property condition are assessed through on-site and expert examination where necessary. Limitation and the recoverable period are calculated separately. Living abroad does not replace documents showing your intention to benefit or earlier requests; communication records matter.

In a paid review, we explain compensation, prevention of interference with use and dissolution of co-ownership separately. Seeking payment for past use may not alone resolve future shared-use problems. Both the provable period and continuing use arrangements inform the action's scope; outcome and recovery are not guaranteed.

Legal Basis