Canoneco-owner give storage rights to someone without the other siblings’ consent?

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Canoneco-owner give storage rights to someone without the other siblings’ consent?

We 4 siblings own a home together and 1 of them has allowed a stranger (to the rest of us) to park his motorcycle in our garage without our permission. She told him she had everyone’s OK but that’s a lie. What position does that leave us in? Is she allowed to do this? Now that man also has a key to the garage.

Asked on September 25, 2011 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the common law of the United States, one co-owner of a piece of property has the right to give permission to use the property to a third person without the consent of other co-owners unless there is a written agreement to the contrary.

As such, in your situation, if one (1) of the four (4) siblings gave permission to the third person to park his motorcycle in the garage, such is allowable without the other three (3) siblings' consent. This situation is the unfortunate circumstance of having multiple owners of a piece or real property.

Since the person who owns the motorcycle was given permission to park it, he is not a trespasser and has done nothing wrong. He has relied upon the representations of one of the owners.


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