Q: If two people own a property, do both owners have to consent to trespassing for it to be illegal?
My friend and his brother own land with two residences on it. Recently my friend found a bigger house and moved away, now his brother is claiming that the property is solely his, and anytime my family tries to visit he threatens to get a warrant for trespassing. Is this in any way legal?
A:
While further facts could change this, the brother’s remedy is in partition. As to your friend inviting you on to his co-owned property, you can get a letter from him, preferably with his notarized signature, inviting you to use his co-owned tenancy of the whole. Attach a copy of the deed showing he is a co-owner. Keep it with you to show the police. Either owner of a tenancy in common of the whole may freely use the entire property as they wish (subject to the doctrine of waste), including inviting guests.
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