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Undivided Interest rights and responsibilities in Texas?

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trophft

New member
What is the name of your state? TEXAS!
I just bought 2/3 undivided interest in some land in Texas. The other 1/3 co-owner (who hasn't been to the land in 20+ years) now says he plans to make improvements to the land (tree clearing, culvert, utilities, RV pad, etc.). I do not consent to these improvements but he says he can do them anyway and doesn't need my consent. There are no other agreements in place, nothing on the deed which states anything, just true undivided interest.
Three questions:
1. Can he prevent me from using those improvements (like the RV pad, the driveway, the logs from the cut trees, etc.)?
2. Can he force me to reimburse him for those improvements?
3. Am I entitled to any equity that those improvements might create for the property (in the event of a future sale of the property)?
 


quincy

Senior Member
What is the name of your state? TEXAS!
I just bought 2/3 undivided interest in some land in Texas. The other 1/3 co-owner (who hasn't been to the land in 20+ years) now says he plans to make improvements to the land (tree clearing, culvert, utilities, RV pad, etc.). I do not consent to these improvements but he says he can do them anyway and doesn't need my consent. There are no other agreements in place, nothing on the deed which states anything, just true undivided interest.
Three questions:
1. Can he prevent me from using those improvements (like the RV pad, the driveway, the logs from the cut trees, etc.)?
2. Can he force me to reimburse him for those improvements?
3. Am I entitled to any equity that those improvements might create for the property (in the event of a future sale of the property)?
As tenants-in-common, you both own 100% of the property.

With no written agreement to the contrary, you are equally responsible for all property repairs and improvements, and debts and expenses.

With your tenancy in common, you have equal access to the property.
 

adjusterjack

Senior Member
Three questions:
1. Can he prevent me from using those improvements (like the RV pad, the driveway, the logs from the cut trees, etc.)?
2. Can he force me to reimburse him for those improvements?
3. Am I entitled to any equity that those improvements might create for the property (in the event of a future sale of the property)?
Why didn't you figure all this out before you bought the property?

And how did you get roped into this in the first place?
 
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