Legal Question in Real Estate Law in Massachusetts

our house is owned by us three siblings. One lives in the house.

Can he pay someone to work on the house and property without the other two giving consent


Asked on 7/16/14, 2:47 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

This may seem like a simple question, but these kinds of co-ownership arrangements can actually be quite complex.

Generally speaking, any co-owner would be forgiven for hiring someone to make reasonable repairs and upkeep to the common property. You all have an obligation to do so, in fact. None of the co-owners should unilaterally make any alterations or capital improvements to the property without the consent of the others. A good contractor would have wanted the consent of all owners before making any significant alterations or improvements.

The moment one party starts make improvements, you are at some point going to have a claim that he should be reimbursed for the money he spent or that he should have a credit for any increase in value he imparted.

The reality is that you don't want to own property together with others without an agreement of some kind. The longer this arrangement goes on without a written understanding of responsibilities, obligations, benefits, and buy/sell understanding, small problems become larger and larger over time.

I welcome you to give our office a call if you would like to discuss this in greater detail. Our number is 617-357-4898 or you can send us an e-mail at [email protected]

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Answered on 7/17/14, 7:30 am


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