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Real Property • Concurrent Estates
PROP#055
Legal Definition
Co-tenants are entitled to contribution for necessary repairs, so long as they notify others. There is no right to contribution for the cost of improvements, unless there is a partition.
Plain English Explanation
Co-tenants aren't expected to watch their property crumble over time. In a perfect world, all co-tenants would be motivated to repair and maintain a shared property. However, in the real world, it is not uncommon for some freeloader co-tenants to try to avoid paying their fair share. Thus, the law allows a co-tenant to pay out-of-pocket for necessary repairs, then demand contribution from other co-tenants. What is necessary? That's for you to argue on the exam.
Note that a co-tenant can not demand contribution for improvements to the property, unless there is a partition. You'll learn about partitions in other cards, but to put it simply: a partition is basically a forced sale of the property. In other words, if a co-tenant installs a new swimming pool in the backyard, they don't have the right to demand their co-tenants chip in for it. However, if there is a partition of the property, the pool will likely bring in a higher value to the sale of the property, and the co-tenant who paid for its installation is allowed to recoup their costs of installing it from the sale.
Note that a co-tenant can not demand contribution for improvements to the property, unless there is a partition. You'll learn about partitions in other cards, but to put it simply: a partition is basically a forced sale of the property. In other words, if a co-tenant installs a new swimming pool in the backyard, they don't have the right to demand their co-tenants chip in for it. However, if there is a partition of the property, the pool will likely bring in a higher value to the sale of the property, and the co-tenant who paid for its installation is allowed to recoup their costs of installing it from the sale.
Hypothetical
Hypo 1: Amy, Bob, and Carl are tenants in common. Together, they own a house on Blackacre. One rainy night, Amy notices the roof is leaking into her bedroom. Amy let's Bob and Carl know they need to hire a repairman, but they don't seem to care since it isn't leaking in their room. Amy hires a roof repairman herself and pays them $75 out of her own pocket. Result: Fixing a leak is arguably a necessary repair. Amy notified her co-tenants of the need to repair and now, since she paid out of pocket, she has the right to demand contribution $25 each from Bob and Carl to cover their share of the repairs.
Hypo 2: Amy, Bob, and Carl are tenants in common. Together, they own a house on Blackacre. Bob is annoyed that every time he walks up the stairs, it is super creaky. Bob tells Amy and Carl he thinks they should have it repaired, but they aren't nearly as annoyed about the sound as Bob. Bob hires a repairman to fix the creaky stairs and pays him $75 out of his own pocket. Result: Silencing creaky stairs isn't really a necessary repair, thus Bob has no right to force contribution from his co-tenants.
Hypo 2: Amy, Bob, and Carl are tenants in common. Together, they own a house on Blackacre. Bob is annoyed that every time he walks up the stairs, it is super creaky. Bob tells Amy and Carl he thinks they should have it repaired, but they aren't nearly as annoyed about the sound as Bob. Bob hires a repairman to fix the creaky stairs and pays him $75 out of his own pocket. Result: Silencing creaky stairs isn't really a necessary repair, thus Bob has no right to force contribution from his co-tenants.
Visual Aids
Related Concepts
In assessing the rights and duties of co-tenants, are encumbrances allowed?
In assessing the rights and duties of co-tenants, what are rents and profits?
In assessing the rights and duties of co-tenants, what is a judicial partition?
In assessing the rights and duties of co-tenants, what is possession?
What are the rights and duties of co-tenants?
What effect does a testamentary disposition have on a joint tenancy with right of survivorship?
What is a concurrent estate?
What is a tenancy by the entirety and how is it severed?
What is a tenancy in common?
What is required to establish a joint tenancy with right of survivorship?
What is the result of a joint tenancy that is severed?
Which type of transactions may not result in severance of a joint tenancy?
