TOMASZ PRZYBECKI
29-06-2011

Abolition of joint ownership of a townhouse – appeal

The law firm was approached by the co-owners of a tenement house, who were commissioned to file an appeal against the district court’s order to abolish the co-ownership of the property by separating the residential units.

The disadvantage to customers lies both in the allocation of less valuable units to them and in the omission of their accessory claims related to the use of the property by the other participants in excess of their shares. An analysis of the first-instance proceedings led to a number of allegations, including the obsolescence of the appraisal report prepared by an expert,

which follows directly from the provisions of the Real Estate Law. Another interesting issue is the methodology for estimating housing units occupied by so-called tenants from the allocation, namely, whether the value should be adjusted by an appropriate coefficient in such a situation. The district court will rule on the merits of the appeal.