Do all owners have to agree before a non-owner moves onto a property?
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Do all owners have to agree before a non-owner moves onto a property?
Several people own a piece of property. One person has decided to let a non-owner move onto said property. Can they do this without everyone else’s approval?
Asked on July 8, 2011 under Real Estate Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Here is the issue: If one person has moved in, who is the tenancy with? Just one owner? If so, then you might be able to void the tenancy and kick the person out if the rest of you disagree. Further, in the future, you may simply wish to place the property in trust and have a neutral trustee be the decisionmaker or make all of you trustees and indicate that nothing can be done without unanimous approval. From a trespassory perspective, the contract if any could be voidable if the rest of you consider this person a trespassor. You may need to obtain a declaratory ruling from the courts (perhaps pertinent case law on this subject) but before you get into any form of litigation, you may wish to gather all of the owners and talk to the owner who allowed someone to move in without a contract with the rest of the owners or agreement by the remaining owners.
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