Understanding Your Rights as a Tenant in Common
When two or more people own property together without creating a joint tenancy, they hold it as tenants in common. North Carolina law grants each co-tenant equal rights to inspect, use, and manage the entire property. You do not need permission from the other co-owners to enter or inspect the premises. You also may share in any rental income or profits generated by the property.
Under N.C. Gen. Stat. § 46-1, each tenant in common enjoys the right to possession of the whole property, regardless of the size of your ownership share. The statute states: “Each tenant in common owns an undivided interest in the land, and each has the equal right to possess and use the whole property.” N.C. Gen. Stat. § 46-1.
North Carolina law also requires an accounting of rents and profits when one co-tenant collects income from the property. N.C. Gen. Stat. § 46-2 provides that any co-tenant who receives rents or revenue must hold it for the benefit of all owners and provide an accounting upon request. If a co-tenant pays for necessary repairs or taxes, they may seek reimbursement proportionate to each party’s ownership interest.
If disagreements arise—such as one co-tenant refusing to allow another to inspect the property or mismanaging the premises—North Carolina law offers remedies. You can file a partition action under N.C. Gen. Stat. § 46-6, asking the court to divide the property physically or order a sale and distribute proceeds according to each owner’s share. When the court orders a sale, it follows procedures in N.C. Gen. Stat. Chapter 47, Article 7 (N.C. Gen. Stat. § 47-18 et seq.).
Key takeaways:
- Each co-tenant has an undivided right to inspect and use the entire property, regardless of title share.
- You may enter the property at reasonable times without needing permission from other co-owners.
- A co-tenant holding rental income must account for it and distribute it fairly under N.C. Gen. Stat. § 46-2.
- If co-owners cannot agree on use or management, you can seek a partition under N.C. Gen. Stat. § 46-6.
- Partition may result in dividing the land or ordering its sale and distributing proceeds.
Key Points to Remember
- Right to Possession: You may use the entire property, not just your fractional interest.
- Use and Enjoyment: You can live on, rent out, or inspect the premises at reasonable times.
- Financial Accounting: Rental income and expenses must be shared fairly; request a written accounting if needed.
- Property Improvements: If you pay for necessary repairs, you can seek compensation from co-tenants.
- Partition Action: You can ask a court to divide or sell the property if co-owners conflict.
Understanding these rights helps you protect your interest and maintain good relations with your co-owners. North Carolina statutes clearly outline how to use jointly owned property and resolve disputes.
Ready to protect your rights as a tenant in common? Pierce Law Group has knowledgeable attorneys who guide you through inspection, accounting, and partition actions under North Carolina law. Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055.
