Do all owners have to agree before a non-owner moves onto a property?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do all owners have to agree before a non-owner moves onto a property?

Several people own a piece of property. One person has decided to let a non-owner move onto said property. Can they do this without everyone else’s approval?

Asked on July 8, 2011 under Real Estate Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Here is the issue: If one person has moved in, who is the tenancy with? Just one owner? If so, then you might be able to void the tenancy and kick the person out if the rest of you disagree. Further, in the future, you may simply wish to place the property in trust and have a neutral trustee be the decisionmaker or make all of you trustees and indicate that nothing can be done without unanimous approval. From a trespassory perspective, the contract if any could be voidable if the rest of you consider this person a trespassor. You may need to obtain a declaratory ruling from the courts (perhaps pertinent case law on this subject) but before you get into any form of litigation, you may wish to gather all of the owners and talk to the owner who allowed someone to move in without a contract with the rest of the owners or agreement by the remaining owners.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption