Legal Question in Wills and Trusts in Pennsylvania

If property is owned tenants in common 50 % each share can I charge for use of property if other person has mobile home on property and if they rent out mobile home? I have no use of property what can I do.

Asked on 8/12/13, 2:07 pm

1 Answer from Attorneys

You need to see a real estate litigation lawyer.

People who own land jointly each have an equal opportunity to use the land. The problem occurs where one has exclusive possession.

Really, what needs to happen is the person in possession needs to buy out your 50%. They either do that willingly or else you can file what is called a partition action. In partition, if the parties cannot agree, then the court will order the land sold and the court will split the funds unless the land can be fairly divided. If it can be divided, the court will give you your 50% to do with what you want and the other 50% to the other joint holder.

You can also seek contribution - you are entitled to 50% of the profits from the land, including the rental value. You have a responsibility to contribute 50% of the taxes, insurance and maintenance. Whether you will prevail or depends on how those things balance out. You also do not indicate how long this joint ownership has been in place or at what point you were excluded from the land.

So go and consult with a local real estate lawyer who practices in the county where the land is located.

This has nothing to do with probate/estates/wills - you do not need a probate lawyer based on the information you provided or if you inherited the land and estate administration has been completed.

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Answered on 8/13/13, 12:23 am

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