Legal Question in Real Estate Law in Virginia

Legal rights of heirs

There are five heirs to a home and I would like to know if it is legal for me (an heir) to have a locksmith open the house. There was a key for all to enter at anytime but one heir chose to take the key, so am wondering what my rights are. Thank you.


Asked on 11/18/03, 5:10 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Legal rights of heirs

Assuming that each of the five heirs(including you) holds legal title to the property by what the law calls "tenants in common", then each of you holds a 1/5th undivided interest in the whole

(property), which gives each of you the right of unfettered access to the whole(property) or any of its parts, without seeking permission from any of the other four heirs to exercise this right of access.

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Answered on 11/18/03, 5:22 pm


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