Legal Question in Real Estate Law in Massachusetts
If four people own a property equally who is in charge of decisions for the use of said property?
1 Answer from Attorneys
This is a great question. The answer is a simple one, but not easy to put into practice. You really need everyone in agreement to take action with respect to the land, including to sell the land, rent it, develop it, etc. You may want to consider putting the property into a trust or a limited liability company and establish rules on how decisions are made, for example a vote of more than 50% of ownership interests to make a decision. If any one owner wants to sell, or disagrees with how their co-owners are using the property, the answer may be to sell his or her ownership share to the others. If his or her co-owners refuse to cooperate, any co-owner may file a partition action in the land court or probate court to force the sale of the property. In most cases, partitions are resolved by one or more co-owners purchasing the ownership interest of the exiting co-owner. I recommend you speak with an attorney.