Two siblings, Alex and Taylor, inherit a property as joint tenants. Alex moves into the property and exclusively occupies it, refusing Taylor access. Taylor demands that Alex either permit shared use of the property or pay rent for Alex's exclusive possession. Is Taylor entitled to require Alex to pay rent?
No, because a joint tenancy automatically converts to tenancy in common if one cotenant occupies the property.
Yes, because Taylor is entitled to compensation for Alex’s exclusive possession of the property.
No, because Alex has the right to possess and use the entire property as a joint tenant.
Yes, because co-owners in a joint tenancy must share any rental value from the property equally.
Under the law governing joint tenancies, each cotenant has an undivided interest in the whole property, granting both the right to possess and use the entire property. As long as Alex’s exclusive possession does not oust Taylor, Alex is not required to pay rent to Taylor. Ouster occurs when one cotenant prevents another from accessing the property or denies their ownership rights. If ouster were established, Alex would have an obligation to compensate Taylor. In this scenario, no facts indicate that Alex actively prevented or denied Taylor from using the property, so rent payment is not required. Other answers are incorrect because they ignore this principle of undivided interest and assume a one-sided obligation to pay rent based solely on possession.
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