If a co-tenant excludes other tenants from possession, what is the remedy?

If a co-tenant excludes other tenants from possession, what is the remedy?

• A. Partition
• B. Wrongful eviction
• C. Adverse possession
• D. Waste

Answer: (B)

Co-tenants have an equal right to possess the entire property. If one co-tenant excludes the others from possession, that acts as an ouster. The remedy for an ouster is wrongful eviction, a tort-like remedy that lets the excluded co-tenant recover damages for the loss of use and, in many cases, seek restoration of possession or rent-based damages for the period of exclusion. Partition is about dividing the property or terminating co-ownership, not about remedying an actual denial of possession. Adverse possession isn’t the typical remedy here, since it would require exclusive possession against the others’ interests for the statutory period, which isn’t the situation described. Waste deals with harming the property's value, not with the act of excluding co-tenants from possession.

Co-tenants have an equal right to possess the entire property. If one co-tenant excludes the others from possession, that acts as an ouster. The remedy for an ouster is wrongful eviction, a tort-like remedy that lets the excluded co-tenant recover damages for the loss of use and, in many cases, seek restoration of possession or rent-based damages for the period of exclusion. Partition is about dividing the property or terminating co-ownership, not about remedying an actual denial of possession. Adverse possession isn’t the typical remedy here, since it would require exclusive possession against the others’ interests for the statutory period, which isn’t the situation described. Waste deals with harming the property's value, not with the act of excluding co-tenants from possession.