2010 Georgia Code 44-6-121 Case Law
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One Click Case Law for § 44-6-121
O.C.G.A. § 44-6-120 <-- --> O.C.G.A. §44-6-122



2010 Georgia Code

TITLE 44 - PROPERTY

CHAPTER 6 - ESTATES
ARTICLE 7 - TENANCY IN COMMON
PART 1 - IN GENERAL
§ 44-6-121 - Rights and liabilities of cotenants; accounting

O.C.G.A. 44-6-121 (2010)
44-6-121. Rights and liabilities of cotenants; accounting


(a) Every tenant in common shall have the right to possess the joint property. As long as a tenant in common occupies no greater portion of the joint property than his own share would be on partition and does not withdraw from the joint property any of its essential value, such as mineral deposits, he shall not be liable to account for rent to his cotenant.

(b) A tenant in common shall be liable to account to his cotenant if he:

(1) Receives any rent or other profit from the joint property;

(2) Commits any waste;

(3) Deprives his cotenant of the use of his fair proportion of the joint property;

(4) Appropriates the joint property to his exclusive use; or

(5) Uses the joint property in a manner which must necessarily be exclusive.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com