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:
“But you must know the class of sweet women—who are always so happy to declare “they have all the rights they want”; “they are perfectly willing to let their husbands vote for them”Mare and always have been numerous, though it is an occasion for thankfulness that they are becoming less so.”
—Eliza “Mother” Stewart (1816–1908)
“The Fountaine of parents duties is Love....Great reason there is why this affection should be fast fixed towards their children. For great is that paine, cost, and care, which parents must undergoe for their children. But if love be in them, no paine, paines, cost or care will seeme too much.”
—William Gouge (20th century)