Q: Am I responsible for maintaining a co-owner's property with sanitation issues?
I share ownership of a property with a relative. I live in one house while the relative, who is a part-owner, lives in another house on the same property. There is no written agreement between us regarding maintenance responsibilities. Currently, there is an issue with sanitation being allowed to run out of the ground. Am I responsible for maintaining the property of the other owner?
A: While actual responsibility may depend on the words on the title and the agreements between the co-owners, as to anyone outside the co-owners, it is very likely that every owner is jointly and severally liable for any illegal and unhealthy emission from your property. Further, it is reasonable to assume that an enforcement action by a health department or building inspector could involve condemning the entire property and rectifying the sanitation issue with a lien on the property. It is time for you to get to a local lawyer and determine who is responsible and how it is going to be fixed.
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