Rights and Duties of Co-Tenants Flashcards
Right of possession
Each tenant has a right to posses and control the whole.
Does a co-tenant in exclusive possession owe rent to a con-tenant that is out of possession?
No. Absent an ouster, a co-tenant in exclusive possession is not liable for rent.
What happens if on co-tenant wrongfully excludes another co-tenant from possession of the whole or any part?
He has committed wrongful ouster.
Does a co-tenant renting to a third party owe the other co-tenants?
Yes. A co-tenant who leases all or part of the premises to a third party must account to his co-tenants providing them their fair share of the rent income.
Can a co-tenant acquire the land from another co-tenant by adverse possession?
No, unless he has ousted the other co-tenants, one co-tenant in exclusive possession for the statutory adverse possession period cannot acquire tittle to the exclusion of others.
The hostility element of adverse possession would be absent.
How much is each co tenant responsible for in carrying costs? What are carrying costs?
Each co-tenant is responsible for his or her fair share of carrying costs such as taxes and mortgage interest payments.
How much is each co tenant responsible for in repairs?
A repairing co-tenant enjoys a right to proportional contribution for reasonably necessary repairs provided that she has given notice to the others of the need to repair.
How much is each co tenant responsible for improvements?
None. During the life of the co-tenancy, there is no right to contribution for improvements,`
What does an improving co-tenant get instead of contribution for improvements?
At partition the improving co-tenant is entitled to a credit equal to any increase in value caused by her efforts, however they are also liable for any drop in value caused by the “improvements”
What must a co-tenant not commit?
Waste. Including ameliorative, voluntary and permissive.
What can a co-tenant do if another co-tenant commits waste?
A co-tenant can bring an action for waste during the relationship.
What if a co-tenant wants to end the co-tenancy?
A joint tenant can bring an action for partition.
includes: by agreement, partition in kind and forced sale partitions.
