Legal Definitions - de reparatione facienda

de reparatione facienda

De reparatione facienda is a legal action that a joint tenant can take to force a co-tenant to contribute to the repair of a property that they both own. It can also refer to a writ issued in such an action. This writ must be issued before any repairs are made, as there is no remedy available after repairs have begun.

For example, if two people own a house together and the roof needs to be repaired, but one of the owners refuses to pay for their share of the repair costs, the other owner can take legal action by filing a de reparatione facienda. This would force the other owner to contribute to the repair costs.

Another example would be if two people own a car together and it needs to be repaired, but one of the owners refuses to pay for their share of the repair costs. The other owner could file a de reparatione facienda to force the other owner to contribute to the repair costs.

These examples illustrate how de reparatione facienda can be used to resolve disputes between joint tenants over the repair of jointly held property.