Does a long-term cohabitation relationship give the right to live on someone else’s property?

The court ordered the immovable property, together with the buildings and keys, to be returned to the owner’s possession. In case no. 2-20-3595, Tallinn Court of Appeal agreed that the persons using the property had no legal basis to do so and dismissed their appeal.

NAMM attorney-at-law Nele Tammemäe represented the owner of the immovable property, who sought to recover the property from persons who possessed it without a legal basis. The opposing party relied on a long-term cohabitation relationship with the owner’s family member and on contributions made to the property.

The court explained that neither a long-term cohabitation relationship, alleged joint activity, nor expenses incurred for the property in themselves give anyone the right to continue living on someone else’s property. Because no contract binding the persons to the owner had been proven, the property was ordered into the owner’s possession. Any monetary claims must be resolved separately against the owner’s family member, not by holding on to the owner’s property.

The judgment is important for property owners and families where real estate is used on the basis of a relationship or an agreement: without a clear contract, no permanent right to live on someone else’s property arises. The judgment is available here.