Legal Question in Real Estate Law in Pennsylvania

Rights under Tenents in Common

I am co-owner in a deed on a property in PA.

The deed assigns a partnership between three owners.

There is no partnership agreement other than the deed.

At this time the other two owners of the property have entered into a lease with another business, I have not agreed to or signed the lease, in fact I have objected.

The deed also describes the owners as tenants in common.

What are my rights as to the use of the property by persons other than the owners as a tenant in common? Where can I find more information in general about my rights as a tenant in common?


Asked on 10/16/02, 7:18 am

1 Answer from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Rights under Tenents in Common

A tenant in common has an undivided interest in the property. Unless otherwise specified you have a one third interest. The only option that you have as such a tenant is to ask the other owners to buy you out. If they refuse I suggest you consult legal counsel to bring an action in partition to force a sale of the property. In such an action a trustee would be appointed by the court to conduct a sale. This can be an expensive alternative but may force the other partners to buy you out. If you do nothing the majority owners can do as they please with the use of the property. If I can be of any assistence please call. Gerald Hershenson Esq. 215-579-9390.

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Answered on 10/16/02, 8:03 am


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