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As one of 6 co-owners (TIC) of a small (30 x 75) unimproved…

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As one of 6 co-owners...
As one of 6 co-owners (TIC) of a small (30' x 75') unimproved rural lot in Maine used for parking, can I deed to an unrelated 7th party the right to use said property for parking shared with the other co-owners on an as available basis? How about the right to build a storage shed and treat it as personal property? If so, will these deeds survive my sale of my interest in said property?
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 14 hours by:
6/24/2010
Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 63,754
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Hello and thank you for your question. You cannot convey what you dont have so you all need to agree to such an easement.
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Customer reply replied 8 years ago
This does not answer the question. What is it that I do not own that I am conveying away? As one of several co-owners in a TIC relationship on a piece of real property, I own an undivided one-seventh of the property. I certainly have the right to sell my undivided portion of the property to another. Further, as an undivided co-owner I have the right to occupy and make use of the property as if I were the sole owner - subject to some limitations having to do with depriving the other co-owners of their same rights of occupancy and use. In the case of conveying to a non owner a right of way across the property, I am certainly conveying something I own - control over access to my property, and by doing so, I am not depriving the other co owners of anything as the right does not diminish their use of the property. I believe you need to explore this issue in a bit more depth.
Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
You can sell your portion but you cannot provide an easement or other grant that affects the other owners without their consent. Now if you give access only to your separate portion which does not affect them, you can do so.
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Customer reply replied 8 years ago
Remember, this is a small 30' x 75' unimproved wood's lot cleared and used for parking (like a tiny field or clearing in the woods). As an owner of an undivided 1/7th of the property, I have no separate portion - just the shared right to use the whole property. Therefore, I should be able to grant another the right to also use the property. After all, I certainly can have a guest over and allow them to park on the property. A deeded right of way is nothing more than an extended and formalized right to use such as any owner can verbally give to any other individual for the property at any time. So, why can I give another verbal permission to do so but not written?
Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
There is a different between a guest and granting an easement or renting out the premises with your situation mirroring renting out the premises.
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Customer reply replied 8 years ago
In a rental situation you provide exclusive use to another thus depriving the co-owners of their use and rights. When you provide another a right of way across the property (such as a shared private road) you do not diminish the other's rights at all. The situations are not analagous. Our lot adjoins a private road. Over the decades, as the surrounding raw land has been caraved out and divided, use of the road has been granted to an increasing number of users. This can be done an unlimited number of times as the right to traverse (or use the property for a short period of time) is a non-restrictive, shared, and non-consumptive use - nothing is used up nor are others precluded from continuing their use.

Please provide references to case law or statutes that support your position as I do not find it credible as a matter of common sense, so it must be backed by statute or precendent.
Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
I am not going to debate this issue with you. I will open this question to my colleagues for further comment.
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Customer reply replied 8 years ago
As a final comment then, since I own a 2/7th share of a 30' x 75' lot, and you say I can deed to another the right to use my portion then, in square feet, the lot is 30 x 70 = 2,250 ft sq; and 2/7th of that is some 642.86 sq ft. So, I should then b e able to deed to another to use and park on and construct a building on my 642.86 sq ft portion of said lot?

Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
If you hold a divided share, you would be free to do with it as you please unless otherwise agreed.
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Real Estate Lawyer: Law Educator, Esq., Lawyer replied 8 years ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,955
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Your previous expert's answer was correct, you hold an undivided interest and you have the same right of use of the property as the other owners and this includes allowing someone else to use your property. HOWEVER, you cannot do anything that would infringe upon or impede the rights of the other owners, such as lease or grant an easement or a right to build anything on the property and if you do the other owners can sue you. You can sell your undivided share to another and they would get the same rights you have now and again building anything on the land could be sued over by the other owners as infringing upon their rights to the land. You do not own 642 sq feet, you own an undivided interest of the entire 30' x 75' lot.


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Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,955
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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