Q: If i am tenants in common with multiple people on unoccupied land can I move onto the land if I want to? (Michigan)
Was recently made aware I am one of the tenants in common with my siblings on my deceased grandmother's 47 acre land. I would like to move onto the land but one of the tenants in common said I cannot with out approval from all the tenants in common. Is this true?
EACH of the tenants in common has an undivided fractional interest in the property. If you can, for example, determine how to build on only 1/10th of the property without dividing it into 10 slices, then you can do what you want with your share without anyone else 'agreeing'.
As you can tell, PRACTICALLY there is nothing you can do other than SELL your interest to someone else and again, practically, nobody but your co-tenants will be interested in buying that share so ... again, you have to have some agreement between the co-tenants.
In short, no, you cannot do anything that abrogates the OTHER tenants rights without their agreement. How many co-tenants are there, and what is the state of the relationship? It seems like someone should be working to sell the property either to a third party so the money can be split, or to one of the co-tenants so something can be done with the property without a lot of 'politics'.
Get with a local attorney who can look at all the facts and provide real advice about what can and should be done. There may be other options we're not seeing because we don't have all the facts. Trying to do this 'over the internet' is not going to work out well!
A: Holding title as tenants in common means that each party on the deed has a right to an equal or unequal undivided ownership to property. It also means that if one of the owners dies, their share is conveyed to their heirs, not the other owners who are still alive. Based upon the facts as you describe, you have a right to occupy the property as described in the deed. If there is further disagreement between the co-owners, one way to resolve occupancy / ownership interest is to file an action for partition to split up the property under court order. See more at www.ProvenResource.com/deeds
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.