Three siblings — Anna, Ben, and Carlos — inherit a parcel of land in Kansas as tenants in common, each owning an undivided one-third interest. Ben decides he wants to sell his interest. Under Kansas law, which of the following statements is correct?
Correct Answer
D) Ben can sell his one-third interest to any buyer without the consent of Anna or Carlos.
Under Kansas law, each tenant in common owns an undivided interest in the whole property and has the right to freely transfer, sell, or encumber their own interest without the consent of the other co-owners. Ben can sell his one-third undivided interest to any third party. The new buyer would then become a tenant in common with Anna and Carlos.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
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