Rights & Duties of Co-Tenants

Question 1

Rules about rent from a co-tenant in complete possession

Answer 1

• A cotenant in exclusive possession is not liable to the others for rent unless he ousted the others
  Ouster = denied his co-tenants demand or attempt to enter the land
  There can be no denial of the right to enter unless there is a demand or an attempt to enter
  Under Spiller - it cannot be a vague request/attempt to enter

Question 2

Right to lease

Answer 2

• Co-tenants have the right to lease the use of the land without obtaining permission from other co-tenants
  Note: there is a split in authority as to whether this rule applies to tenancies by the entirety
• Swartzbaugh case held that leases are valid & existing contracts giving to Sampson the same right to the possession of the leased property that the husband had - it follows that they cannot be canceled by the wife in this action

Question 3

Adverse Possession & Co-Tenants

Answer 3

Unless he ousted the others, a cotenant in exclusive possession and any of his/her lessees cannot acquire title to the land by occupying it through the statutory adverse possession period
*Because H in COHAE fails

Question 4

Rent from 3rd Parties

Answer 4

A co tenant who leases all or part of the premises to a third party must share the next rental payments with his co tenants providing them their fair share of the rental income minus expenses

Question 5

Profits from the land

Answer 5

If a co tenant profits from the land other than by renting to third parties, he/she does not have to share profits with the others

Question 6

Carrying Costs

Answer 6

Each co tenant is responsible for his/her fair share of the premises carrying costs such as taxes, mortgage payments, or utilities

Question 7

Repairs

Answer 7

a. In most jurisdictions during the life of the co-tenancy the repairing co-tenant has no affirmative right to contribution for any reasonably necessary repairs that they make absent an agreement
b. But at partition or accounting, repairing cotenant receives a credit for these repairs
c. An accounting is a means of getting a formal statement of accounts from the cotenants that will determine the ownership rights to common assets

Question 8

Improvements

Answer 8

I. During the life of the co-tenancy there is no affirmative right to contribution to improvements
II. But at partition or accounting, the improver is either credited or debited for the increase or decrease in value (the upside-down side doctrine)

Question 9

Waste

Answer 9

• Co-tenants cannot commit waste & can bring an action for waste during the life of co-tenancy
• Three forms = voluntary, permissive, ameliorative