Usufruct Attorney in Ramat Gan

What is Usufruct and How Does It Affect Your Rights?

Usufruct is a legal right of a landowner or holder of another right to receive monetary compensation when someone else exploits the land or property for profit or benefit. Usufruct derives from the legal principle that a person who benefits from another's property must pay the property owner for the benefit received. This is a central concept in Israeli real estate law and tort law.

When dealing with real estate assets, usufruct may arise in various situations: unauthorized use of land, deriving income from property you do not own, using common space for commercial purposes, or even benefiting from a construction project built on your land plot. In these cases, the original property owner or rights holder can file a claim for compensation or monetary damages for the benefit derived.

Mandelboim, Gor, Witzman-Gor and Partners specializes in representing plaintiffs in usufruct claims in Ramat Gan and central Israel. We assist property owners whose passage, use, or usufruct rights have been infringed, and help them file a legal claim and achieve fair compensation. With more than 18 years of experience in real estate and property law, we understand the sensitive points of usufruct law and know how to devise an effective legal strategy.

When Are You Entitled to a Usufruct Claim?

A usufruct claim exists when several legal conditions are met. First, there must be a legal right in the property — whether full ownership, passage rights, lease rights, or any other right in land or real estate. Second, there must be someone else exploiting the property or benefiting from it without your consent. Third, you must prove that this benefit resulted in economic or business advantage to the exploiter.

Common examples of usufruct claims in real estate:

• Unauthorized use of land: A neighbor used your land plot for building expansion, parking, or storage without your consent. In this case, you are entitled to a claim for the benefit he received from using your land.
• Benefit from a construction project: A contractor or developer built on your land or expanded construction beyond legal boundaries without consent, and they are benefiting from the expanded property. You can sue for the benefit derived.
• Commercial use of common space: In the case of shared buildings, a neighbor or mortgage company used common space for business or income without payment or consent.
• Deriving income from property not yours: A person or legal entity who derived income from your real estate — for example, renting out part of your property — without right or payment.
• Violation of passage rights: When you had passage rights over land and another party prevented you from using them, an injunction may apply and a claim for damages caused by this violation may arise.

Each usufruct case is unique, and assessment of entitlement depends on the specific facts, legal documentation, and real estate evidence. An expert attorney can evaluate the strength of your claim and help you achieve fair compensation.

How is Compensation Calculated in an Unjust Enrichment Claim?

Calculating compensation in an unjust enrichment claim is a complex legal process based on recognized principles in tort law and real property law. The compensation is not arbitrary but must be based on quantitative evidence and legal assessment.

Common calculation methods:

• Value of use of the property: According to the rental value that the property could have generated if leased on the open market. This is the most common method. For example, if your land could have been leased for 5,000 NIS per month and was used without payment for one year, the compensation would be approximately 60,000 NIS.
• Profit derived from the property: If the other party derived direct income from the property (for example, rental income, conducting business), the compensation will be according to the income generated minus reasonable expenses.
• Increase in property value: In cases of construction or improvement, if the property increased in value due to the use or construction by the other party, the compensation may be according to the increase in value.
• Damage caused: In addition to compensation for the benefit received, if you suffered damage as a result of unauthorized use (damage to the property, decrease in its value, violation of other rights), you may also claim damages for such harm.

It is important to note that compensation is generally calculated from the beginning of unauthorized use until the date of the court hearing or settlement. In some cases, the court may order payment of interest on the compensation from the date of the damage.

A lawyer specializing in unjust enrichment claims in Ramat Gan can help you assess the expected compensation, collect financial evidence, and present expert opinions to prove the extent of the benefit. In complex cases, a real estate appraiser's assessment or an economic expert opinion may be necessary.

The Lawsuit Process: From Initial Steps to Judgment

An unjust enrichment claim goes through several legal stages. Understanding the process helps you be prepared and plan your next steps:

Stage 1: Initial Assessment and Decision to File a Claim
You contact a lawyer, who examines the case, reviews the evidence, and helps you decide whether to file a claim. At this stage, it is important to present all relevant documents: land registry documents, contracts, photographs, correspondence with the other party, and any other evidence.

Stage 2: Negotiation Attempt
Before filing a formal claim, a lawyer may send a demand letter to the other party requesting compensation. In many cases, the other party agrees to a settlement to avoid a prolonged and predictable legal proceeding. Out-of-court settlement saves time and money.

Stage 3: Filing a Formal Claim
If a settlement is not reached, the lawyer files a claim in the appropriate court (Magistrates' Court for amounts up to 75,000 NIS, or District Court for higher amounts). The claim must detail the allegations, evidence, and the calculated compensation sought.

Stage 4: Summons to Hearing
The court sets a date for the first hearing. At this hearing, both parties briefly present their arguments. There may be several hearings before the final trial takes place.

Stage 5: Court Trial
At the final trial, both parties present evidence, witnesses, and legal arguments. Your lawyer represents you, cross-examines the other party's witnesses, and defends your position. During this trial, experts (appraisers, economists) are usually called to testify about the value of the benefit.

Stage 6: Judgment
After the trial, the judge issues a judgment in which he or she decides whether the claim is accepted and how much compensation you are entitled to receive. The judgment details the legal reasoning for the court's position.

Stage 7: Appeal and Enforcement
If either party is dissatisfied with the judgment, they may appeal to a higher court. After the judgment becomes final, the lawyer helps you enforce the judgment — collecting the compensation from the other party through execution if they do not pay voluntarily.

Each case is unique, and while one case may take several months, another may take a year or more, depending on the complexity and scope of the trial. An experienced lawyer can develop a strategy that shortens the process and increases your chances of success.

Unjust Enrichment in Ramat Gan: Specific Cases and Legal Treatment

Ramat Gan, as a developed city in the Gush Dan area, still handles numerous cases of unjust enrichment claims in real estate. Close neighbors, ongoing construction projects, and apartment buildings hold high potential for disputes over right of way, land use, and common areas.

Typical Case: Unauthorized Construction Expansion
Construction on real estate in Ramat Gan often exceeds permitted boundaries. A contractor or property owner expands construction beyond the legal boundary and benefits from the additional space. The adjacent property owner can file an unjust enrichment claim for the encroached area without permission. In such cases, we use official construction plans, aerial photographs, and engineer reports to prove the expansion.

Typical Case: Use of Common Space in an Apartment Building
In apartment buildings in Ramat Gan, sometimes a neighbor uses a common area (balcony, roof, stairwell) for business or storage purposes without the consent of other residents. This is a classic case of unjust enrichment. An attorney can help other residents file a joint claim against the neighbor while calculating the enrichment according to the space usage.

Typical Case: Violated Right of Way
Land with a right of way over adjacent land, and the owner of the adjacent land prevents access. The holder of the right of way can sue for damages from the inability to use their property, and also for unjust enrichment if the other party is benefiting from your property.

At Mendelbum, Gor, Witzman-Gor and Co., we are familiar with the real estate landscape in Ramat Gan, and our experience in handling similar cases helps us present strong arguments in the local court.