I am a co-owner of a property with my friend. I do not live in the property whereas my friend does. Can I seek compensation from my friend or force him to pay rent?
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Answer by Neha Sharma, Hillsdale 2036 NSW
- Each co-owner has the right to possess and enjoy the land as a whole
- A co-owner who elects not to exercise his or her right of possession is not entitled to claim compensation from the occupying co-owner.
- You cannot charge your friend an occupation fee or seek compensation unless:
- your friend has ousted you from the property:
- this means your friend is preventing you from exercising your right to possession of the property;
- note however that merely telling a co-owner to ‘get out’ does not constitute an ouster even if the person leaves; or
- there is an agreement between you and your friend that he will pay an occupation fee or rent.