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Land is owned by 5 'tenants in common'.One of the 5 obtained planning permission and built a house on a small piece of land. none of the other tenants objected to the planning .Who owns the house?
Wiki User
∙ 14y ago
If there is a tract of land owned by five tenants in common, each tenant has an undivided interest in the whole property and the right to the use and possession of the whole property. Building a home on property owned by five tenants in common will cause legal problems because the house is attached to the land and is thus part of the real estate. Right now everyone owns it.
This situation should have been addressed prior to construction especially if the five co-owners are not on very friendly terms. If the property is large enough to be divided, all five should have conveyed that small parcel to the home builder perhaps in exchange for her/his interest in the remaining land. Right now the home builder doesn't have clear title to the land on which the house was built. If they tried to sell the house they could only convey clear title if all five owners signed the deed of conveyance. If they cannot obtain clear title of the house lot (by conveyance from the other four of their interests) the matter will need to be resolved through a court action and decided by a judge. That will be costly.
You should seek the advice of an attorney who specializes in real estate law in your area who can review the situation and determine how it can be resolved. This matter should be resolved ASAP.
Wiki User
∙ 14y ago
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