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Although all classes of co-owners in fee simple may own a fractional interest in the whole property, each co-owner has the right to the use and possession of the whole property. That right to the use and possession of the whole property is what we call an undivided interest. The fractional interest would come into operation as the share of the proceeds if the property was sold or as a percentage of rentals and profits.

For example:

Suppose Nate and Ryan own a cabin as tenants in common. Each has the right to the use and possession of 100 percent of the property. If the property was sold, each would be entitled to 50 percent of the proceeds. If the property is rented out each would be entitled to half the net proceeds. The same would apply to joint tenants and modern tenants by the entirety.

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Clark Schimmel

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Q: Do co owners in fee simple each own 100 percent of the property or 50 percent each?
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Do co-owners in fee simple each own 100 percent of the property or 50 percent each?

Although all classes of co-owners in fee simple may own a fractional interest in the whole property, each co-owner has the right to the use and possession of the whole property. That right to the use and possession of the whole property is what we call an undivided interest. The fractional interest would come into operation as the share of the proceeds if the property was sold or as a percentage of rentals and profits.For example:Suppose Nate and Ryan own a cabin as tenants in common. Each has the right to the use and possession of 100 percent of the property. If the property was sold, each would be entitled to 50 percent of the proceeds. If the property is rented out each would be entitled to half the net proceeds. The same would apply to joint tenants and modern tenants by the entirety.


What are the rights of a person who shares ownership of property?

Co-owners of undivided interests in one property each have the right to the use, possession and the profits from the property. Each is equally responsible for paying all the bills.


If you own a 25 percent undivided interest in waterfront property and you build a boat slip to park your boat are all owners equally entitled to use your slip?

Yes. When several people own property as tenants in common they each have the equal right to the use and possession of the property. A boat slip would become part of the real property if it's attached to the land.


What is the use of a Cadastral Map?

A cadastral map is a map that shows the land properties in a community and the use to which a property is put or the name of the owners of each property.


Father paid 70 percent daughter paid 15 percent and boyfriend paid 15 percent for a co-owned property. The daughter died. Who gets the property?

It doesn't matter who paid what. The tenancy set forth in the deed controls what happens if a co-owner dies. The three owners will each own a one-third interest unless some other proportions are specifically mentioned in the deed. You need to provide more details.


How do co owners hold property at law?

All classes of co-owners in fee simple have an undivided interest in the whole property. Therefore, each co-owner has the right to the use and possession of the whole property. If two people are grantees on a deed their respective one-half interests would come into operation as each person's share of the proceeds if the property was sold. There are several different legal schemes for co-ownership called "tenancies" that govern who will receive the share of a co-owner who dies. See the related question link provided below for a full explanation of those various tenancies.


What will be the format of the agreement of leave and licence where only one of the joint owner rents out his or her share of property?

You should consult with an attoirney. All the owners of the property must consent to a lease. Each co-owner has the right to the use and possession and profits of the entire property. The property is not partitioned off according to separate interests. See related question link.You should consult with an attoirney. All the owners of the property must consent to a lease. Each co-owner has the right to the use and possession and profits of the entire property. The property is not partitioned off according to separate interests. See related question link.You should consult with an attoirney. All the owners of the property must consent to a lease. Each co-owner has the right to the use and possession and profits of the entire property. The property is not partitioned off according to separate interests. See related question link.You should consult with an attoirney. All the owners of the property must consent to a lease. Each co-owner has the right to the use and possession and profits of the entire property. The property is not partitioned off according to separate interests. See related question link.


Is condominium unit considered real property?

Yes. A condominium is real property and is an estate owned in fee: The owner can sell it, leave it to a beneficiary in his/her will or the property will descend to their heirs at law if they die without a will. Fee simple is the maximum form of real property ownership. Generally, a condominium project is a form of fee ownership by which several owners share ownership of a building(s) by each owning their respective units. In addition to their unit, each owns a proportionate interest in the land that forms the condominium property and common areas of the condominium.


Who can claim property taxes paid if there are multiple names on the deed?

If there are two owners then each has the right to claim half unless the owners have entered into some other agreement in writing.If there are two owners then each has the right to claim half unless the owners have entered into some other agreement in writing.If there are two owners then each has the right to claim half unless the owners have entered into some other agreement in writing.If there are two owners then each has the right to claim half unless the owners have entered into some other agreement in writing.


A condominium has what kind of owner?

Anyone who owns a condominium, owns it with other owners. Each owner owns a unit, with boundaries defined in the CC&Rs between this property and the property owned by all owners. The boundary may be 'the paint/ wallpaper', 'the studs', 'sheet rock', or other.


If property is jointly owned between three parties with right of survivorship can this property be divided among the parties if only two agree to the division or must all three agree?

A division of the property must be done by all three owners. If there are three joint owners each one owns a one-third undivided interest in the WHOLE property. It can only be partitioned by a court.


What are your rights if property is owned by two separate individuals one wants to rent it out and the other does not?

The co-owners must be in agreement to rent out the property. Co-owners each have the right to the use and possession of the entire property. One cannot legally encumber the property without the other's consent. You may need to offer to purchase the co-owner's interest in the property at an attractive price to encourage them to agree. If they are not willing then you are at an impasse.