What basic rights does each co-tenant have when owning property together?

Prepare for the West Virginia CPLTA Test. Study with interactive resources, flashcards, and multiple choice questions, each with detailed explanations. Ace your exam!

Each co-tenant has the right to enjoin trespass and possess the property because all co-tenants have an equal right to use and enjoy the property. This principle is rooted in the concept of shared ownership, which grants each co-tenant the ability to take legal action against unauthorized individuals (including other co-tenants, in cases of trespass) to protect their rights to the property. This right to possess reinforces the idea that all co-tenants share an interest in the property and can collectively manage it.

The other options involve rights that either contradict the nature of co-tenancy or are not typically recognized. For example, the ability to sell one’s share without consent is often limited by agreements among co-tenants, which typically require some level of mutual agreement. Prohibiting access to other co-tenants goes against the principle of shared ownership and can lead to disputes. Lastly, the right to unilaterally terminate rental agreements does not generally apply in a co-tenancy setting without the consent of other co-tenants, as it would disrupt their shared interests. Thus, the ability to enjoin trespass and possess the property encapsulates the fundamental rights and collaborative nature of co-tenancy.

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