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Dividing property held by tenants in common

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jraylong

Junior Member
What is the name of your state? PA.
I own an "undivided 1/3 interest" in 90 acres of farm property, with 2 other "tenants in common." We've had a hostile relationship for the past 5 years, and they are sueing me over a right-of-way issue to the same property. I would like to mow, pasture horses on, and take hay from 30 acres that is adjacent to my personal 7 acre home site. They do not live near the land and don't seem to care how it looks.. Over the past years, I have approached them 3 times about dividing it, and part of their lawsuit suggests partitioning it, but no agreements are ever made, and none of us really wants to sell it. We have verbally agreed as to which 1/3 we would each want and that doesn't seem to be in dispute. Meanwhile the 1/3 adjacent to me lies uncultivated, unmowed and unused...Could there be any serious ramifications if I put up fence and use it for pasture, hay, and mow it?.....I think ,at the very least, my actions would trigger some reaction on their part, and possibly resolve our dispute sometime in my lifetime......
 


shortbus

Member
Each owner of a tenancy in common has the right to possess the WHOLE property, not just the portion he owns, without paying rent to the co-tenants.

Why is this? The law favors productive use of property. Often there are situations like this where co-tenants don't occupy the property. The person who does shouldn't be arbitrarily precluded from making use of it.

That said, states do have laws about the division of 3rd party rents & profits made from the land among the co-tenants. (Also laws making it possible to recover contributions from distant co-tenants for upkeep.)
 

jraylong

Junior Member
Thanks for taking your time to respond to my question. I feel better about using the property now...and won't worry about my kids riding a quad on "their 2/3's" without permission.......JOHN
 

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