Brief Fact Summary. In a tenancy in common, one co-tenant makes a lease with a third party, unknown to and against the wishes of the co-tenant.
Synopsis of Rule of Law. In a tenancy in common, a cotenant may lease his interest in the common property to a third party without the consent of the other tenants.
Issue. In a tenancy in common, can one co-tenant enter into a lease with respect to his own undivided one-half interest in the property without the consent of the other co-tenant?
Held. Yes.
Each tenant in common of real property may use, benefit, and possess the whole property, subject only to the equal rights of the co-tenants. A co-tenant may lease his own interest in the common property to a third party without the consent of the other tenant, even if the co-tenant does not join in the lease. The nonjoining cotenant is not bound by the lease. The third party becomes a tenant in common with the other co-tenant for the duration of the lease. The nonjoining tenant may not demand exclusive possession against the lessee; he may only demand co-possession.
Here, Plaintiff may not eject Defendant from the property because the lease is valid. Partition is the proper remedy.
Thus, one tenant-in-common may sell, lease, or otherwise dispose of his or her interest in the common property without the consent of the other cotenants and without their joining in the conveyance.
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