Rights and Obligations among All Co-Tenants II

Rights and Obligations among All Co-Tenants II

Explore further the rights and obligations among co-tenants with this look at the right of each co-tenant to possess the property, the right to collect rent from third parties and other co-tenants, and the co-tenants' rights to profits from the exploitation of natural resources on the property.


In this lesson, we’ll learn about the right of possession among cotenants. We’ll discuss the cotenants’ rights to rent, as well as profits from the property.

As we’ve seen in a previous lesson, each cotenant has a simultaneous right to use and possess the entire property, regardless of the cotenant’s percentage of ownership. [See Porter v. Porter, 472 So.2d 630 (Ala. 1985).]

Sometimes, though, only one cotenant will actually exercise the right of possession. This situation often occurs with...