Cotenancy refers to a situation where two or more individuals or entities share ownership rights in a single piece of property. Each cotenant has an undivided interest in the property, meaning they each have the right to possess and use the entire property, not just a specific portion. Cotenants typically share responsibilities such as property taxes, maintenance costs, and insurance premiums in proportion to their ownership interests. Additionally, cotenants have a duty to each other known as the duty of “mutual respect,” which requires them to act in good faith and not interfere with each other’s use and enjoyment of the property. Disputes among cotenants regarding the property’s use, maintenance, or disposition may be resolved through negotiation, mediation, or legal action.
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This glossary post was last updated: 29th March 2024.
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