Tiimani 10: court approved removal of panels to access water pipes
KORTERIÜHISTU TIIMANI 10 · 80170667
Participants and roles: Claimant – KORTERIÜHISTU TIIMANI 10; Defendant – XX
How it started · editorial summary
XX must remove wall panels to allow completion of pipe replacement; the association provided for compensation for possible damage from necessary work.
The dispute and the court’s decision
The court approved the settlement between KORTERIÜHISTU TIIMANI 10 and XX and terminated the case concerning access to water pipes. XX undertook to remove wall panels within ten days after the ruling becomes final so that the association could complete pipe replacement in the section of the system specified in the agreement.
The association had sought a court order securing that access. The ruling does not set out the initial objections or reasons for the dispute in detail. On 11 January 2018, the parties submitted agreed terms for approval. The court checked their permissibility and approved the agreement.
XX bears the costs of removing the panels and other expenses of providing access to the system. The association, for its part, guaranteed compensation for possible damage during necessary pipe replacement work under the Apartment Ownership and Apartment Associations Act provision cited in the agreement. This ruling does not determine the amount of possible damage.
XX must also pay the association 362,50 euros in litigation costs by 31 January 2018: 150 euros, half the court fee, and 212,50 euros, half the legal expenses. Each participant bears its other costs. The court ordered a further 150 euros in court fees refunded to the association from the state budget after the ruling becomes final. It explained the possibility of enforcing the agreement, but this ruling does not confirm actual completion of the works or payments.
Outcome of this decision
Approve the agreement: XX removes panels to provide water-pipe access within ten days after the ruling becomes final and bears access costs. The association guarantees the agreed compensation for possible damage from necessary work. XX pays the association 362,50 euros in costs by 31 January 2018. Terminate the case; each bears its other costs, and a further 150 euros in court fees is refunded to the association from the state budget after finality.
Translation of an anonymised, abridged excerpt from Estonian
III. The parties shall bear their own litigation costs not specified in the settlement.