Rights and Duties of Co-owners (general)
Under the common law, Co-owners share a number of rights by default:
- Each owner has an unrestricted right of access to the property. When one co-owner wrongfully excludes another from using the shared property, the excluded co-owner can bring a cause of action for ouster. As a remedy, the court may grant the wronged co-owner the fair rental value of the property for the time that they were ousted.
- Each owner has a right to an accounting of profits made from the property. If the property generates any income (e.g. rent, farming, etc. . . .) each owner is entitled to a pro-rata share of that income.
- Each owner has a right of contribution for the costs of owning the property. Co-owners can be forced to contribute to the payment of expenses such as property taxes, or mortgages for the entire property.
Read more about this topic: Concurrent Estate
Famous quotes containing the words rights and/or duties:
“What men value in this world is not rights but privileges.”
—H.L. (Henry Lewis)
“Men are to be guided only by their self-interests. Good government is a good balancing of these; and, except a keen eye and appetite for self-interest, requires no virtue in any quarter. To both parties it is emphatically a machine: to the discontented, a “taxing- machine;” to the contented, a “machine for securing property.” Its duties and its faults are not those of a father, but of an active parish-constable.”
—Thomas Carlyle (1795–1881)