Legal Question in Real Estate Law in Washington
joint ownership, take two
My grandmother was one of six
sisters to inherit. 17 acres of
land on a small lake. Each sister was
left individual lot and the rest was
left undivided to all sisters.
Over the years the lots and shares of
the joint land changed hands. We
still have six individual lots owned by
three related families; two lots each.
The remaining acreage surrounding
the lots was divided into three tracts
and is owned in varying percentages
by the same three families. All
together we are 13 blood relatives;
33 including spouses and children.
Members of two of the families live
on the property year round. The
third uses it as a summer vacation
home. I don't know how this type of
ownership is classified, can you tell
me?
A legacy of honesty and respect has
always dictated good behaivor, but
that legacy has begun to
erode. Given the number of people
currently and prospectively involved,
and the growing distance from our
original blood ties we've all agreed to
explore the legal realities of
our situation.
Can a single owner grant a tenant
access across joint land to reach the
water? Who is liable if they
are injured?
1 Answer from Attorneys
Re: joint ownership, take two
Well, I'm glad I picked this up again, but I'd still need to see each and every deed or other document vesting title to tell you what who owns and how.
I could tell you if I could see all of the documents, including probate orders.
One single owner has no greater right than any other owner to have a tenant, let alone to grant the tenant some access to some feature.
Access such as you are describing is called an easement. Is there an easement? Easements can be created by prescription (course of action over time) (or accident).
The person who will bear responsibility if an invitee is injured is the owner, or more properly, owners. "Joint and several liability" is the phrase that springs to mind.
This situation you are describing is a sensible reason to go to an attorney (each family member and spouse can have their OWN lawyer, no lawyer can responsibly advise all of you at the same time) and figure out some ground rules before this situation gets completely out of control.
Your family could form a trust and vest title to the property in one place - the trust, rather than continue to have smaller and smaller shares.
I cannot tell if that would help, but I sense your frustration and desire to get a handle on this. I think your instinct is correct, and I wish you the best.
Elizabeth Powell
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