Compensation for the use of a common property by one co-owner – when and how it can be claimed

A frequent issue in co-ownership arises when one co-owner uses the entire property, while the others are deprived of access. In such cases, the question arises: “Can I claim compensation because I cannot use the property?” Bulgarian law provides a clear answer.

Legal framework
According to Art. 31, para. 2 of the Ownership Act:
“A co-owner who has been deprived of the use of the common property is entitled to compensation.”

This means that if one co-owner exclusively uses the property (e.g. lives alone in an inherited apartment), they owe compensation to the others for depriving them of their right of use.

Conditions for awarding compensation
To be granted compensation, the following conditions must be present:

• co-ownership of the property;

• factual use by one co-owner of the whole or greater part of the property;

• deprivation of the others from using it;

• an explicit request for compensation (it is not automatic).

Supreme Court case law (2012) states that compensation is owed only if the deprived co-owner explicitly requested to use the property and was refused.

How is the compensation calculated?
The amount usually equals the market rent for the portion of the property the co-owner was prevented from using. The court appoints an expert appraiser to determine this. Compensation is awarded by court judgment and can be enforced.

How to claim compensation

• First, a written request is made to the co-owner using the property.

• If there is no voluntary payment, a claim must be filed in court.

• The court hears both parties, appoints an expert, and awards the due compensation.

Examples from practice

• If one heir lives in an apartment and excludes the others, they owe compensation.

• If all co-owners have access but one chooses not to use it, no compensation is due.

Conclusion
A co-owner who uses the property exclusively and prevents the others from exercising their rights of use must pay compensation. It is determined based on market rent and can be sought through court proceedings.