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concurrent estate : ウィキペディア英語版
concurrent estate

A concurrent estate or co-tenancy is a concept in property law which describes the various ways in which property is owned by more than one person at a time. If more than one person own the same property, they are referred to as co-owners, co-tenants or joint tenants. Most common law jurisdictions recognize tenancies in common and joint tenancies, and some also recognize tenancies by the entirety. Many jurisdictions refer to a joint tenancy as a joint tenancy with right of survivorship, and a few U.S. states treat the phrase joint tenancy as synonymous with a tenancy in common.
The type of ownership determines the rights of the parties to sell their interest in the property to others, to will the property to their devisees, or to sever their joint ownership of the property. Just as each of these affords a different set of rights and responsibilities to the co-owners of property, each requires a different set of conditions to exist.
Law can vary from place to place, and the following general discussion will not be applicable in its entirety to all jurisdictions.
==Rights and duties of co-owners (general)==
Under the common law, Co-owners share a number of rights by default:
#Each owner has an unrestricted right of ''access'' to the property. When one co-owner wrongfully excludes another from using the shared property, the excluded co-owner can bring a cause of action for ''ouster''. As a remedy, the court may grant the wronged co-owner the fair rental value of the property for the time that they were ousted.
#Each owner has a right to an ''accounting'' of profits made from the property. If the property generates any income (e.g. rent, farming, etc. . . .) each owner is entitled to a pro-rata share of that income.
#Each owner has a right of ''contribution'' for the costs of owning the property. Co-owners can be forced to contribute to the payment of expenses such as property taxes, or mortgages for the entire property.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「concurrent estate」の詳細全文を読む



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