In the following, we will address disputes between co-owners regarding the use of the common property, for example:
There are available remedies available without a Division.
I. Division of Property Ownership Rights in Co-ownership
Accordin Romanian Laws, in joint ownership, also known as co-ownership, each co-owner holds an ideal and abstract share of the property rights over the asset— not materialized or concretely delimited. The division is thus strictly at an abstract level, so each co-owner has a share of this right, mathematically expressed in fractions or percentages, not a concrete part of the property for their exclusive use (as long as not all co-owners have consented to such usage).
II. Establishing and Lawful Use of the Common Property
Ideally, the use of the common property should be agreed upon by all co-owners through mutual consent (agreement on the purpose and the concrete manner in which this purpose's utility will be ensured for each co-owner).
This agreement does not necessarily need to be in writing, inferred from the customary use of the property over time, thus by the mutual tolerance of co-owners to the usage by others. As long as the property has a specific purpose established by the co-owners' agreement/through their customary use, the absence of a written document or registry entry regarding a specific purpose for the property is irrelevant.
As long as the property's purpose is respected and the rights of others are not infringed, any co-owner has the right to freely use the property without the express agreement of the others.
HOWEVER, everyone must exercise their rights in good faith AND NO RIGHT can be exercised with the intent to harm or prejudice another or in an excessive and unreasonable manner contrary to good faith.
III. Resolving Disputes Over the Use of Common Property in Romania
1. Seeking an Agreement - the most advantageous, quickest, and least expensive path for all involved parties.
In theory, the agreement could be verbal, but given the history, to avoid future inconveniences, a written form with all co-owners' participation is recommended, where the terms of use by each of them must be clearly and fairly established.
2. If an Agreement is not reached, lyou have the otion for a legal action for PARTITION OF USE, with DAMAGES.
In this case, what should have been determined by mutual consent by the co-owners is established by the court, with the actual delineation of each co-owner's right to use. Co-owners who have exercised exclusive/abusive use may be liable for damages.
3. If an Agreement Is Reached or a Judicial Decision on the Partition of Use Is Made, but is not adhered to or it is felt that the partition of use is insufficient to remedy the situation, legal action for an ACTUAL PARTITION may be sought.
A partition can be requested at any time by any of the co-owners, where the abstract shares will be individualized, the property will be concretely divided, and each co-owner will become the exclusive owner of the part of the property materialized, proportional to their share.
In all cases where court are involved, the guilty parties may also be liable for the legal expenses of the co-owner who had to resort to this means to defend their legitimate rights and interests (court fees, attorney and expert fees, witness travel expenses, etc).
At Legal Pro Advisory, we offer legal opinions and representation in all stages of co-ownership disputes.
For more details, do not hesitate to contact us.
