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Real Property • Concurrent Estates
PROP#056
Legal Definition
Each individual co-tenant has the right to possess every part of the property, but no individual co-tenant has the right to exclusive possession of any part. If a co-tenant is not in presently in possession, they may only bring an action against the other co-tenants if they have been ousted.
Plain English Explanation
Sometimes it feels natural or logical to simply divide a property into equal portions for each co-tenant and, in practice, that is usually what happens. In other words, a house held in tenancy in common with 4 bedrooms and 4 co-tenants seems to make sense that each co-tenant gets their own exclusive, private room. Legally, however, this is not the case.
As far as the law is concerned, all 4 co-tenants have the right to possess all rooms of the house, and no individual co-tenant has a right to claim that any portion of the tenancy in common is exclusively possessed by them. To do so would be considered an ouster, which is the legal term for unjustly kicking out a co-tenant.
As far as the law is concerned, all 4 co-tenants have the right to possess all rooms of the house, and no individual co-tenant has a right to claim that any portion of the tenancy in common is exclusively possessed by them. To do so would be considered an ouster, which is the legal term for unjustly kicking out a co-tenant.
Hypothetical
Hypo 1: Amy, Bob, and Carl are tenants in common. Together, they own Blackacre. Blackacre is a large plot of farmland. Amy and Bob have decided to split Blackacre in half. On one half, Amy plants grass. On the other half, Bob plants corn. One day, Carl decides he wants to take up dirt bike riding. He creates a dirt bike course in the corner of Blackacre, mostly on Amy's grass. Amy and Bob tell Carl he needs to stop riding on top of their grass and corn. Result: Amy and Bob have no right to tell Carl to do anything. Even though Amy and Bob have come to an agreement re: where to grow grass and corn, there is no legal division of the property. They all have the right to possess and make use of the entire parcel. This includes Carl's right to ride his dirt bike wherever he wants on Blackacre.
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 contribution?
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?
