What rights do tenants in common have to inspect and use jointly owned property in North Carolina? - Pennsylvania
The Short Answer
Under Pennsylvania law, tenants in common generally each have the right to possess and use the entire jointly owned property (not a specific “piece” of it), so long as they do not exclude the other co-owner(s) or treat the property as solely theirs. If co-owners cannot agree on access, use, or management, the dispute often ends up in court through a sale-and-division (partition) type remedy.
What Pennsylvania Law Says
Tenancy in common means each owner holds an undivided fractional interest in the whole property. Because the ownership is “undivided,” co-owners typically have shared rights of possession and use, and conflicts often arise when one co-owner controls access, occupies the property exclusively, or refuses to cooperate on maintenance, expenses, or sale.
The Statute
The primary law governing this issue (including the ability to force a sale and divide proceeds when co-owners cannot agree) is 23 Pa.C.S. a7 3507.
This statute establishes that when former spouses held property as tenants by the entireties and later divorce, they hold it as tenants in common and either party may bring an action to have the property sold and the proceeds divided.
Why You Should Speak with an Attorney
While the general concept of shared possession sounds straightforward, co-ownership disputes can escalate quickly and the “right” solution depends heavily on facts and documentation. Legal outcomes often depend on:
- Strict Deadlines: If a co-owner’s conduct raises title issues (for example, a claim that someone has become the sole owner through long-term exclusive possession), Pennsylvania has specific time-based rules that can affect rights. See, e.g., 42 Pa.C.S. a7 5527.1 (adverse possession/quiet title framework).
- Burden of Proof: Proving wrongful exclusion (often called “ouster”), entitlement to reimbursement for expenses, or a fair division of sale proceeds can require strong evidence (records of payments, communications, access denials, condition of the property, and valuation issues).
- Exceptions: The rules can change depending on how title is held (tenants in common vs. joint tenants vs. entireties), whether an estate is involved, and whether there are liens, occupancy agreements, or other recorded interests affecting the property.
Trying to handle a co-owner dispute alone can lead to avoidable escalation, loss of leverage, or a court outcome that is more expensive than necessary.
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.