The Undivided Interest

In the summer of 1992, I published a real estate newsletter. One of the areas of discussion was related to the benefits of partnerships. In that summer’s issue, I wrote the following:

 There are several ways that one can hold title to real estate. One of the common methods of taking title, when there is more than one owner is as tenants in common. Using this method of holding title, each owner can own an exact percentage of the property, and the ownership interests need not be equal. Each owner, regardless of the size of the interest held, has a right to the use of the entire property. This method of owning property, in which the ownership interest is called an undivided interest, can create a major problem between owners, especially with hunting property. If Joe and I own a piece of property together and Joe owns 99% and I own 1%, as tenants in common, I have the same basic right to use the entire parcel as Joe does. Not only can I use the entire property, but Joe cannot require me to contribute towards any improvements of the property. In addition, I can encumber the property, and if Joe decides to sell, the new owner must be my partner with the same ground rules that I had with Joe.  Needless to say, the value of Joe’s property is greatly affected by my interest. If Joe decides to sell, the buyer will not only be concerned about  what type of person that I am, but there is no control over who I might sell to,  or how many. I could divide my 1% into five .2% interests and sell each of them. From an ownership standpoint, an undivided interest is only good if you own a very small interest in a property, and you buy it at a good price. Then, you don’t have much to lose. The entire mess, created by undivided interest, can be avoided by entering into a good partnership agreement. 

As you can imagine, owning hunting property as Tenants in Common with unequal undivided interests is a very unfair arrangement. (read more)

 

About these ads

9 thoughts on “The Undivided Interest

  1. Rich,

    Your article states “and if Joe decides to sell, the new owner must be my partner with the same ground rules that I had with Joe.”

    When you refer to “ground rules” does this include verbal agreements such as payment of utilities, real estate taxes, insurance, etc.? Or only written and/or recorded maintenance/operating agreements?

    I do not see how a verbal agreement would be a covenant running with the land if a percentage interest is transfered. Any thoughts would be helpful (I know that you are not an attorney).

    Thanks,

    Grant

  2. What you did was steal away land that was inherited. You stole inheritance. Although legally, you still stole it. We did not enjoy the last 25 years, we enjoyed the last 50 years and you ruined it because you are greedy. Don’t try to pretend that you did us any favors by giving us land. Your a real piece of work.

  3. I was sold a specific property (5 acres) but the seller failed to disclose that he owned (50%) undivided interest in 734 acres lease hold estate.

    I would like to discuss this with an attorney

    Please resond

    Earl

    eerichey@earthlink.net

  4. follow up
    what is required to partition, divide, seperate a specific area/acreage within a undivided interest – undivided interest area?

    Wher do you go?

    Earl
    question 1 of 2

  5. Earl: Need more info to figure this out. Govenment agencies generally approve most of these type of actions.
    RF

  6. Pingback: 2010 in review « Rich Fletcher’s Blog

  7. I own about a 27% undivided interest in a property that was originally owned entirely by my family, but which has since acquired other partial owners, two of whom hunt it regularly. Since I do not know how to hunt, I invited a friend to hunt there for me so that I could also enjoy the game it hosts, and the two other owners tell me I cannot do that without getting the consent of all other owners, many of whom can’t be contacted anymore. From your knowledge of this type of ownership, is this a true and correct position on their part?

    • Hello A Baker. I’ve been out of town for the last ten days. I believe they are correct, but there are remedies. If you’d like to discuss, you can give me a call. (925)989-4372

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s