Can we subdivide a shared vacation property? If we already own 1/3, can we subdivide so that we can put our own dwelling on the property?
State/Country relating to question: Canada
Communication with the other members in the ownership
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It is unlikely that you could subdivide such a property. Further, such a property's subdivision would require the approval of your local municipality's committee of adjustments.
Would it be simply approval from the municipality? This is a regional district by the way. And, would we have to have approval from all parties?
If you are part of a vacation development, your proposed subdivision may be contrary to the rules and regulations governing the vacation property units. Approval would need to obtained from the equivalent land use committee of the regional government. All parties do not need to approve, yet all property owners within a certain radius of your property will be notified by the regional government and provided an opportunity to voice their concerns or support.
You may want to consider retaining a municipal law lawyer to act as your advocate. Your province or territory's law society's lawyer referral service can provide you with the names of local lawyers who can act on your behalf.
Where would I find if we are joint tenants or tenancy in common? What document would it be on?
You need to obtain a copy of your deed and this can be done by undertaking a search at the property's land titles, or registry, office.
Does it matter really if we are joint tenants or tenancy in common? What do you think gives us more rights? Where can I find suggestions for Co owners agreements?