Legal Question in Real Estate Law in Wisconsin
tenant in common land
My husband owns a parcel of land with a relative. The land is in a land management program. The relative now wants to sell a parcel that is less than his half. As a TIC with the relative what rights do we have to block the sale?
1 Answer from Attorneys
Tenants in Common Inability to Agree on Land
If real property is truly a tenancy in common, all of the tenants in common generally need to sign the deed in order for a buyer to get good title. Hence, any tenant in common can block a sale by simply refusing to sign off. This could be different, however, if the land is in a trust, partnership or LLC, in which event an individual could be empowered to conduct such a sale. Any time that tenants in common are unable to agree, a court procedure known as partition is available wherein a judge can make the decision and divide the proceeds according to relative ownership after deducting the costs of the sale and lawsuit. The same applies to an action to dissolve a partnership or an LLC. If the land has been subdivided into individual shares, then the individual owners can do whatever they wish. Obviously, I do not have enough information to answer your question, but I hope this helps at least a little.