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 generally grants each co-tenant rights to inspect, use, and possess the entire property, subject to the equal rights of the other co-tenants. 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 North Carolina law, each tenant in common generally enjoys the right to possession of the whole property, regardless of the size of your ownership share. N.C. Gen. Stat. § 46-1.
North Carolina law also provides for an accounting of rents and profits when one co-tenant collects income from the property. A co-tenant who receives rents or revenue from third parties may be required to account to the other owners. If a co-tenant pays for necessary repairs or taxes, they may seek reimbursement or credit in an appropriate proceeding, often in connection with partition.
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 Chapter 46A of the North Carolina General Statutes, 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 the procedures set out in Chapter 46A.
Key takeaways:
- Each co-tenant has an undivided right to inspect and use the entire property, subject to the equal rights of the other co-tenants.
- You may enter the property at reasonable times without needing permission from other co-owners.
- A co-tenant holding rental income from third parties may be required to account for it to the other owners.
- If co-owners cannot agree on use or management, you can seek a partition under Chapter 46A of the North Carolina General Statutes.
- 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, subject to the equal rights of the other co-tenants.
- Use and Enjoyment: You can live on, rent out, or inspect the premises at reasonable times.
- Financial Accounting: Rental income collected from third parties may have to be shared fairly; request a written accounting if needed.
- Property Improvements: If you pay for necessary repairs, you may seek compensation or credit in an appropriate proceeding.
- 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.
