{"id":1344,"date":"2019-04-27T13:16:01","date_gmt":"2019-04-27T10:16:01","guid":{"rendered":"http:\/\/tomovi.org\/?p=1344"},"modified":"2026-11-13T15:57:39","modified_gmt":"2026-11-13T13:57:39","slug":"%d0%be%d0%b1%d0%b5%d0%b7%d1%89%d0%b5%d1%82%d0%b5%d0%bd%d0%b8%d0%b5-%d0%b7%d0%b0-%d0%bd%d0%b5%d0%bf%d0%be%d0%bb%d0%b7%d0%b2%d0%b0%d1%89-%d0%b8%d0%bc%d0%be%d1%82%d0%b0-%d1%81%d0%b8","status":"publish","type":"post","link":"https:\/\/tomovi.org\/en\/%d0%be%d0%b1%d0%b5%d0%b7%d1%89%d0%b5%d1%82%d0%b5%d0%bd%d0%b8%d0%b5-%d0%b7%d0%b0-%d0%bd%d0%b5%d0%bf%d0%be%d0%bb%d0%b7%d0%b2%d0%b0%d1%89-%d0%b8%d0%bc%d0%be%d1%82%d0%b0-%d1%81%d0%b8\/","title":{"rendered":"Compensation for a co-owner who cannot use the property"},"content":{"rendered":"

An owner deprived of the use of the property is entitled to compensation<\/strong><\/p>\n

Lawyer Mihail Tomov | Varna<\/h2>\n

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According to established case law, when a co-owner personally uses jointly owned property, another co-owner who is deprived of its use is entitled to compensation after making a written demand. The amount depends on the actual use established in the proceedings, for example whether the property was let or made available to third parties (Interpretative Judgment No. 129 of 30.06.1986 of the General Assembly of the Civil College; Supreme Court of Cassation judgments No. 314 of 22.06.2011 in civil case No. 1568\/2010, Fourth Civil Division; No. 973 of 07.01.2010 in civil case No. 5347\/2009, Third Civil Division; No. 94 of 18.04.2012 in civil case No. 1562\/2010, Fourth Civil Division; and No. 394 of 18.05.2010 in civil case No. 1045\/2009, Fourth Civil Division).<\/p>\n

Under Interpretative Judgment No. 7 of 02.11.2012 in case No. 7\/2012 of the Supreme Court of Cassation, personal use within the meaning of Article 31(2) of the Property Act includes any conduct by a co-owner that prevents or restricts the other co-owners from using the shared property in proportion to their rights, without collecting produce or income from it. The Court explained that a co-owner may use the property directly or through a third party to whom it has been made available free of charge. Making the property available to a third party for payment is an act of management, not personal use. Article 31 is a special provision in relation to Article 93; where a co-owner claims a share of produce or income, Article 31(2) does not apply. Exceptionally, if the rent agreed by the co-owner using the property is below the average market rent, compensation under Article 31(2) may be claimed only for the difference.<\/p>\n

This article is not a legal opinion or advice on a particular situation or person, and the author makes no claim to cover co-ownership of property exhaustively. For legal assistance in a similar case, consult a civil lawyer specialising in property law.<\/p>\n

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