Lisa and her two sisters, Donna and Rachel, inherited a lakefront camp on Moosehead Lake in Maine from their parents as tenants in common. Lisa wants to sell her share, but Donna and Rachel refuse to sell. Which of the following correctly describes Lisa's legal options under Maine law?
Correct Answer
D) Lisa can sell or transfer her undivided interest to a third party, or file a partition action in Maine court
Under Maine property law, a tenant in common may freely transfer their undivided interest to any party without the consent of other co-owners. Additionally, if co-owners cannot agree on the use or sale of the property, any tenant in common may bring a partition action in Maine Superior Court under 14 M.R.S. § 6501 et seq. The court can order either a physical division of the property (partition in kind) or a forced sale with proceeds distributed according to ownership interests. Lisa has both options available.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
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