Relations Between Co-Tenants

This lesson is the fourth of several addressing the various issues relating to the concurrent ownership of property. It is designed to introduce Property students to the rights and obligations co-tenants have when dealing with property held by a concurrent estate. The lesson addresses each respective tenant’s possessory rights, obligations for costs and expenses relating to the subject property, potential for ousting another co-tenant, and liabilities in the event of having ousted another co-tenant.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Define ouster.
2. Define waste.
3. Define the remedy of accounting.
4. Explain the rights and obligations co-owners have to each other regarding using, possessing, and disposing of co-owned property.
5. List the circumstances under which an ouster might occur.
6. Compare the accountability non-paying co-tenants owe to paying co-tenants for mortgage payments, taxes, improvements and/or repairs, relating to the commonly owned property.
7. Explain a fiduciary relationship.
8. Discuss the obligations, if any, a co-tenant who obtains a superior interest in the commonly owned property has to the other co-tenants.
9. Explain a partition.
10. Compare a voluntary partition with a court ordered partition.