Each tenant in common is entitled to possession

Each tenant in common is entitled to possession of the co-owned property and a tenant in common cannot be turned out by the other or others. This is true of equitable tenants in common as well as legal tenants in common.

In Bull v Bull ([1955] 1 QB 234 CA (Eng)) a mother and son were equitable tenants in common of a house (the legal title was in the son’s name). The mother fell out with her son’s wife and the son wanted to evict his mother. He could not do so. Each tenant in common is entitled to the possession and use of the land. Neither tenant in common could turn the other out. This is true of equitable tenants in common as well as legal tenants in common.

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