Rights and Duties of Co-Tenants

Question 1

Possession

Answer 1

Each Co-tenant is entitled to posses the whole

If one co-tenant wrongfully excludes another co-tenant from possession of the whole or any part he may own, the excluder becomes a wrongful outster

Question 2

Rents from Exclusive Possession

Answer 2

Absent Ouster - co-tenant with exclusive possession not liable to others for rent

Question 3

Rent From Third Parties

Answer 3

Co-Tenant who leases all or part of the premises to 3rd party, must account to co-tenants, providing them their proportional share of the rental income

Question 4

Adverse Possession

Answer 4

Unless Ouster, a co-tenant CANNOT acquire interest in property from another co-tenant because will not satisfy hostility element

Question 5

Carrying Costs

Answer 5

Each co-tenant is responsible for their fair share of taxes, mortgage interest

Question 6

Repairs

Answer 6

Must give notice, repairer has right of contribution for reasonable repairs (proportionality)

Question 7

Improvements

Answer 7

During Life: no right of contribution

At Partition: entitled to credit equal to increased value, however also liable for drop in value based on improvement.

Question 8

Waste

Answer 8

Co-tenant must not commit any type of waste

Question 9

Partition

Answer 9

Joint Tenants or Tenants in Common have a right to bring an action for partition