Townhouse Rules of Use – A Way to Avoid Disputes Between Neighbors

Estonians are becoming a townhouse nation. And why not, because we like convenience, privacy, efficiency, our own garden, terrace and plenty of parking space. If you are buying a home in a new townhouse, you should definitely pay attention to how the use of the jointly owned property is guaranteed for the townhouse box owners with their neighbors.

The property where the townhouse is built is usually planned to include garden plots, terraces, children's playground, parking spaces, boiler rooms, waste disposal areas, etc. Without a special ownership agreement, townhouse box owners have the right to use the entire property at their own discretion. Such behavior may not please all neighbors and can create problems in mutual relations.

Conclude a notarized agreement

To avoid confusion and disagreements, it is worth concluding a notarized special ownership use agreement. Depending on the needs of the townhouse box owners, the jointly owned property could be divided into:

• Common use areas that are used and maintained by all owners jointly;
• exclusive use areas of the townhouse box owner, where only the townhouse box owner and family members living with them operate.

Townhouse use rules

Usually, correct and forward-thinking developers have confirmed a notarized special ownership use agreement (use rules) before selling the townhouse boxes for the use of the jointly owned part of the townhouse box owners.

The use rules could include:

• The area that belongs to each townhouse box or special ownership. Such areas are, for example, garden plot, terrace and parking spaces that are used and maintained only by the owners of the specific townhouse box;
• common areas that are used and maintained by all townhouse box owners. Such areas are, for example, yard area, boiler room, playground, etc.

More helpful tips

If the property is surrounded by a fence, you could designate a common area along the fence in the use rules, through which the owners of the middle townhouse boxes could move, for example, with a lawn mower or garden cart. If such a common area is missing, you should not cross your neighbor's garden plot without permission, and the lawn mower or soil cart should be transported to your garden plot through the living room.

If a heating room has been built between the townhouse boxes for the heating of the entire building, you could designate a common area for access to the heating room. Otherwise, you would need to ask permission from the townhouse box owner to access the heating room through their area. Be sure to fix in the agreement that the maintenance of the heating equipment remains a joint responsibility of all owners.

If a common playground is planned for the property, it should be left in common use and a common area should be designated for access to it. The maintenance of the playground should also be determined in the use rules as the responsibility of all townhouse box owners, regardless of whether all of them have children living in them or not.

If a robot mower is planned to be used for lawn mowing in the townhouse garden plot, you could designate the robot mower box as a common area and its maintenance as the responsibility of all townhouse box owners.

So, in order for life in a townhouse to be pleasant for everyone, it is worth agreeing on things in advance. Later disputes can be very emotional and prolonged.

Article source: Uus Maa Real Estate Office