A tenant in a condominium began paving a common courtyard. One of the other tenants claimed that such area is in unique use of his apartment in accordance with a long-standing understanding between the owners.
The Court held that it is not necessary that an agreement to divide a joint property and set a unique use will be in writing, because it is not a real estate transaction. Under certain circumstances one can recognize the validity of agreements for division of use in common property upon a long-standing behavioral consent. Such agreements will not obligate a purchaser of an apartment that was not a party to the agreement unless a formal resolution on the matter was made and an explicit protocol was held, unless the division was clear so that the apartment purchaser could have learnt of it from observing the common courtyard, as in this case.