Yes. Under section 37(a) of the Land Law, every co-owner is entitled at any time to demand the dissolution of co-ownership. There are exceptions, for example a co-ownership agreement that restricts this right, and the court decides how the dissolution is to be carried out: by division in kind or by sale.
Civil Disputes Lawyer
Neighbour disputes, dissolution of co-ownership, breach of contract and monetary claims, from the attempt to settle the dispute through to a decision by the court.
Under section 37 of the Land Law, 5729-1969, every co-owner of jointly owned land is entitled at any time to demand the dissolution of the co-ownership. When a contract is breached, section 2 of the Contracts (Remedies for Breach of Contract) Law, 5731-1970, gives the injured party the right to enforcement or rescission, and to damages in addition to, or instead of, those remedies.
A civil dispute in a 30-second video
The video loads from YouTube only after you click. Go to the video page and transcript
In the video: Chotmi versus Bureaucrat: a civil dispute in three rounds. First, the dispute is analysed and the prospects assessed, and sometimes it can be settled before it reaches court. Next, a reasoned statement of claim or statement of defence, discovery of documents and examination of witnesses. Finally, determined representation at the court hearing, through to a fair outcome that protects your rights.
When do you need a lawyer for a civil dispute?
- When siblings or partners who inherited an apartment cannot agree what to do with it.
- When water leaks from a neighbour's apartment, when an apartment is split without a permit, or when construction harms you.
- When the other party fails to perform a contract, or demands to rescind it.
- When a debt remains unpaid.
- When an extension is built on a house that has not been registered as a condominium.
Types of disputes and claims
- Commercial disputes between businesses, between partners, and between suppliers and customers.
- Claims against insurance companies, where a claim has been rejected or less than the amount due has been paid.
- Claims for damage caused in road accidents.
- Monetary claims and debt collection.
- Claims for property damage, for example water damage or damage caused by a neighbour.
- Tenancy disputes and claims for eviction from leased premises.
- Disputes over ownership, possession and use of land.
- Dissolution of co-ownership of land and of an inherited apartment.
- Claims against renovation contractors and tradespeople who did not carry out the work properly.
- Neighbour disputes, both within a condominium and elsewhere.
How the work proceeds
- Establishing the facts and documents. What was signed, what was registered, what actually happened and what has already been said in writing. From this follow the available remedies and the appropriate forum.
- Attempting a settlement. A letter of demand, negotiation or mediation. In a dispute between neighbours or family members, an agreed arrangement saves time and leaves room for the relationship to continue.
- Legal proceedings. A claim in the appropriate forum: the Magistrates' Court, the District Court or the Superintendent of Land Registration, conducted through to a decision.
- Enforcement. Enforcement of the judgment or of the settlement and, in a dissolution of co-ownership: division, sale, or the purchase of a co-owner's share.
What to bring to the meeting
- Contracts and agreements between the parties.
- A Land Registry extract, inheritance order or probate order, where a property is involved.
- Photographs and expert opinions, where property has been damaged.
- Correspondence with the other party.
- Records of payments and debts.
Timeline and cost
Timetable: an initial assessment of the situation is given in the first conversation. If the documents are sent in advance, the assessment is better founded. The length of the proceedings depends on the forum and on the complexity of the case. An attempt to settle the dispute before a claim is filed usually takes weeks; the claim itself takes considerably longer.
Cost: the fee is set in a written fee agreement, after the case has been reviewed. Court fees, expert opinions and other expenses are paid separately.
Settlement by agreement or judicial decision
| Subject | Settlement by agreement (negotiation or mediation) | Judicial decision |
|---|---|---|
| Who decides | The parties | The court or the Superintendent |
| Flexibility of the solution | The parties may agree on a solution that a court would not have ordered | Limited to the remedies available under the law |
| Future relationship | Usually better preserved | Often damaged |
| Enforcement | The settlement can be given the effect of a judgment | A judgment |
Contact us to review your dispute
If you are in a dispute or facing legal proceedings, it is worth reviewing the position early, before any deadlines pass. We will be glad to hear the details and explain the options.
Questions and answers
Can I compel a sibling or co-owner to dissolve the co-ownership of an apartment?
The other party has breached the contract. What can I claim?
Under section 2 of the Contracts (Remedies for Breach of Contract) Law, the injured party is entitled to sue for enforcement or to rescind the contract, and to claim damages in addition to, or instead of, either of those remedies.
A dispute with a neighbour in the building: court or Superintendent?
It depends on the nature of the dispute. A dispute between apartment owners concerning their rights and obligations under the condominium bylaws and under the law is heard by the Superintendent of Land Registration (section 72 of the Land Law). An ordinary tort claim is brought in court.
Related articles and pages
- Dissolving co-ownership of an apartment inherited by siblings
- A leak from the upstairs neighbour
- The neighbour split the house into separate units
- Building and extending in a house not registered as a condominium
- The other party is in breach of the sale agreement
- Litigation
- Superintendent of Land Registration
More on litigation
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