3. Relations among Concurrent Owners
a. Partition – when one party wants to end the joint tenancy and:
i. Get his chare in the form of actual land – Partition in Kind
ii. Get his share in the form of money by selling the land – Partition by Sale
a. General Rule is that courts don’t respect agreements not to partition
b. When one party wants to partition, interests of all parties weighed
c. Court can only order a partition by sale when:
i. The physical attributes of the land are such that a partition in kind is impracticable or inequitable; and
ii. Partition by sale better promotes interests of all joint tenants.
b. Sharing the Benefits and Burdens of Co-ownership
i. Rights of Co-Tenants
1. Each joint tenant has a right to possess his share.
2. One joint tenant has the right to charge rent to the occupying joint tenant when:
a. Rental agreement prior to creation of joint tenancy
b. Occupying joint tenant refuses entry or possession
i. Majority rule – actual physical denial of entry required
ii. Minority rule – asking for rent sufficient
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