What to do if co-owner’s of real estate cannot agree on its use?

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What to do if co-owner’s of real estate cannot agree on its use?

I am a paying member of a hunting club that is recognized by the state. We have been hunting the land for 20 years. The original landowner died and left the land to his two son. We have been paying to hunt this land ever since and that has been some time now. We have already paid our dues to 1 of the 2 joint owners but the other refused his money because he did not want us hunting there anymore. The brother that accepted his half give each member written permission to hunt said land but I was just warned by letter from the other brother that if I step foot on the land he will have me and any other member arrested for trespassing. Do we have to have permission from both brothers?

Asked on June 14, 2013 under Business Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, you do not need permission from both: permission from a single owner of property is sufficient. It may be that these brothers, if they can't agree on what to do, need to bring a judicial action to partition (i.e. divide; or sell and divide proceeds) the land, but that's their issue, not yours.


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