§ 44-6-120. “Tenancy in Common” Defined; Presumption of Equality of Shares; Effect of Inequality of Shares on Right of Possession
Unless otherwise specifically provided by statute and unless the document or instrument provides otherwise, a tenancy in common is created wherever from any cause two or more persons are entitled to the simultaneous possession of any property. Tenants in common may have unequal shares, but they will be held to be equal unless the contrary […]
§ 44-6-121. Rights and Liabilities of Cotenants; Accounting
Every tenant in common shall have the right to possess the joint property. As long as a tenant in common occupies no greater portion of the joint property than his own share would be on partition and does not withdraw from the joint property any of its essential value, such as mineral deposits, he shall […]
§ 44-6-122. Accounting Between Cotenants for Unequal Share of Rents or Profits; Priority of Claim Over Certain Liens
If one tenant in common receives more than his share of the rents and profits, he shall be liable therefor as the agent or bailee of the other cotenant. The claim for such indebtedness shall be superior to liens held by third persons which have been placed on the interest of the cotenant by the […]
§ 44-6-123. Adverse Possession Against Cotenant; Action to Recover Possession
There may be no adverse possession against a cotenant until the adverse possessor effects an actual ouster, retains exclusive possession after demand, or gives his cotenant express notice of adverse possession. In such event, the cotenant may bring an action to recover possession. History. Orig. Code 1863, § 2284; Code 1868, § 2277; Code 1873, […]