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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101432
Experience:  Lawyer
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four siblings own a cottage as tenants in common. Can I force

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four siblings own a cottage as tenants in common. Can I force one or more of them to sell their interest to me?
Thank you for your question.

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Why do you feel the sibling should sell his/her interest to you?

For example, are you paying for the cottage's upkeep?
Customer: replied 4 years ago.
we are having difficulty coming to an an agreement with this sibling regarding a change to the property line which would facilitate the sale of an adjacent property one of us owns.
He refuses to consider compensation for changing the boundary which would entail a loss of 10% of the shoreline even though we are willing to pay market value for the change in property size and shoreline.

We are frustrated with this individual and an option we have considered is to buy him out and then proceed as we wish. Can a majority of tenants in common cause him to sell? Can any one tenant cause him to sell? Are we stuck with his refusal to approve a change as he is 1/4 owner as a tenant in common?
You cannot likely force him to sell his interest in a cottage that he owns and wants to keep.

You can possible get an order for the sale of the cottage if you no longer want to continue owning with him.

And it may be possible to get an order requiring him to consent or waiving his consent to this change if it is going to harm all of you for no valid reason.

One way to proceed is to retain a mediator to try and help you all work this out.

Another would be to retain a lawyer to send him a letter threatening a lawsuit. That often works as well.

In most provinces you can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

If three siblings all retain a lawyer to act that may scare the 4th into agreeing. I hope so.
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