Legal Updates

Even if a person did demand usage fees for his apartment the heirs may demand as of the date of demise

August 4, 2017

A claim was filed by heirs of the ownership rights of an apartment in respect of usage fees in the apartment for a period of 45 years.

The Court held that the entitlement of usage fees derives from the right of ownership. The deceased owner did not demand usage fees for 25 years which is considered a waiver of rights.  However, the Court accepted the heirs' claim as to the period as of the time the heirs were bestowed the rights and held that they may insist on payment of proper usage fees for the apartment since the date of demise of the deceased.