Title: Tenancy in Common: Owning Land With Other People in NC | FOUND Description: Tenancy in common lets two or more people own undivided shares of one tract. What each co-owner may do alone, how partition works, and why a sale needs all of them. Canonical: https://lotsfound.com/insights/tenancy-in-common/ # Tenancy in common: owning land with other people A tenancy in common is co-ownership in which each owner holds a separate, undivided share of the whole tract, with no right of survivorship. Each owner may sell or borrow against that share alone. Selling the whole tract takes every owner's signature, or a court partition. [Talk about your land](/who-we-serve/landowners/) In this article 1. [What tenancy in common is](#what-tenancy-in-common-is) 2. [How a tenancy in common is created](#how-a-tenancy-in-common-is-created) 3. [The three forms of co-ownership in North Carolina](#the-three-forms-of-co-ownership-in-north-carolina) 4. [What one co-owner may do alone](#what-one-co-owner-may-do-alone) 5. [Why a sale needs every owner's signature](#why-a-sale-needs-every-owners-signature) 6. [Partition: in kind or by sale](#partition-in-kind-or-by-sale) 7. [Key recap](#key-recap) 8. [Questions](#questions) 9. [References](#references) > **Quick summary:** This guide explains tenancy in common and the two other forms of co-ownership in North Carolina, what one co-owner may do alone, how a court partitions land, and why a sale of the whole tract needs every owner. It is for families, partners, and buyers dealing with land held by more than one person. The key takeaway: each co-owner can sell a share, but only all of them, or a court, can sell the tract. ## What tenancy in common is A tenancy in common is a form of co-ownership in which two or more people each hold a separate, undivided interest in the same property. "Undivided" means no owner holds a particular acre. Each owns a fraction of the whole. North Carolina sets the features in [Section 41-81](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-81.html): - Each co-owner holds a separate undivided interest. - The shares are equal unless the deed says otherwise. Shares received by intestate succession follow Chapter 29. - Each co-owner has a right to possession of the whole property. - Co-owners need not take title by the same deed or at the same time. - There is no right of survivorship. When a co-owner dies, the share passes by will or by intestate succession, not to the other owners. That last point is how family land can split into many small shares. See [What is heirs property?](/insights/heirs-property/) for what happens when shares pass without an estate being settled. ## How a tenancy in common is created A tenancy in common is the default when a deed leaves two or more people owning land. Under [Section 41-71](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-71.html), a conveyance resulting in two or more persons owning property creates a tenancy in common unless it creates a joint tenancy with right of survivorship or a tenancy by the entirety. Older summaries say "a conveyance to two or more persons." [Session Law 2025-25](https://www.ncleg.gov/EnactedLegislation/SessionLaws/PDF/2025-2026/SL2025-25.pdf) changed that wording, retroactively effective June 30, 2020. [Section 41-82](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-82.html) lists words that express the intent, such as "equal portions," "share and share alike," and "their respective portions." The same section says a tenancy in common also arises by operation of law, including: - When two or more heirs take land by intestate succession. - When a joint tenancy with right of survivorship ends. - When a tenancy by the entirety ends by conveyance, voluntary partition, or divorce. ## The three forms of co-ownership in North Carolina North Carolina recognizes three forms of co-ownership of land, and the deed's wording decides which one applies. | Form | Who may hold it | Survivorship | One owner acting alone | |---|---|---|---| | **Tenancy in common** | Any two or more persons | No | May convey or encumber that owner's share | | **Joint tenancy with right of survivorship** | Any two or more persons, when the deed says so | Yes | A conveyance of that owner's share ends the survivorship as to it | | **Tenancy by the entirety** | Spouses only | Yes | Neither spouse may convey or encumber without the other's written joinder | **Joint tenancy.** [Section 41-71](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-71.html) treats words such as "joint tenants with right of survivorship" or "with right of survivorship" as creating one. Under [Section 41-73](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-73.html), one joint tenant can end it alone, for example by conveying that owner's share or by filing a petition to partition. A tenancy in common results. **Tenancy by the entirety.** Under [Section 41-56](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-56.html), a conveyance to spouses creates it unless the deed states a contrary intent. [Section 41-58](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-58.html) bars either spouse from selling, leasing, or mortgaging entireties property without the other's written joinder. The older survivorship statute, [Section 41-2](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-2.html), was repealed in 2020. Joint tenancy now sits in Chapter 41, Article 6. A deed drawn under the old law is read by a North Carolina real estate attorney. > **The short version:** Read the granting clause of the deed. Two names with no other words usually means tenancy in common. Survivorship wording means a joint tenancy. Spouses usually hold by the entirety. ## What one co-owner may do alone A tenant in common may deal with that owner's own share alone, but not with the whole tract. **Sell, lease, or borrow against a share.** Under [Section 41-90](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-90.html), each co-owner may convey, lease, mortgage, place a deed of trust on, or place a lien on that owner's undivided interest without the other owners. See [Deed of trust: how a loan is secured by land in North Carolina](/insights/deed-of-trust/) for how that security works. **Use the land.** Under [Section 41-83](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-83.html), each co-owner may enter, occupy, and use the property, subject to the rights of the others. **Share income and costs.** Under [Section 41-85](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-85.html), co-owners share rents and profits from third parties in proportion to their interests. [Section 41-86](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-86.html) sets when a co-owner who pays taxes or makes necessary repairs gets contribution from the others. **Not bind the others.** Under [Section 41-84](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-84.html), one co-owner's act cannot bind another co-owner toward a third party unless the other authorized or later ratified it. ## Why a sale needs every owner's signature A buyer who wants the whole tract needs a deed from every co-owner. Under [Section 41-90](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-90.html), a person who takes a deed from one co-owner acquires only that owner's interest and becomes a co-owner, even if the deed claims to convey the whole tract. See [Selling land under a power of attorney in North Carolina](/insights/power-of-attorney-real-estate/). For a seller, that means finding every owner of record before a contract is signed. For a buyer or developer, it means the title search must account for every share, including shares of owners who died. A buyer assembling a development tract runs into this often on farm land. See [Selling farm or timber land for development](/insights/selling-farm-or-timber-land-for-development/). A missing signature leaves a fractional owner with a right to possession of the whole. See [Title search for land: what it finds and who does it](/insights/title-search-for-land/) and [One parcel. Everything the record says, in order.](/services/parcel-brief/). > **Take action:** If your family holds land with others and you want to know what it is worth to a buyer, start with what the record shows about the tract and its owners. Start with [Is your land a data-center site?](/who-we-serve/landowners/) ## Partition: in kind or by sale When co-owners cannot agree, any one of them can ask a court to divide the land. Under [Section 46A-21](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_46A/GS_46A-21.html), any person claiming land as a tenant in common or joint tenant may petition for partition in superior court. The petitioner must join all the co-owners. [Section 46A-26](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_46A/GS_46A-26.html) gives the court four methods: 1. Actual partition, also called partition in kind, which divides the land into separate tracts. 2. A partition sale. 3. Actual partition of part and a sale of the rest. 4. Partition of part, with the rest held in co-ownership. The court may not force a co-owner to stay in co-ownership over that owner's objection. **Sale is the exception.** Under [Section 46A-75](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_46A/GS_46A-75.html), the court orders a sale only if it finds, by a preponderance of the evidence, that actual partition cannot be made without substantial injury to a party. The party seeking the sale bears that burden. The court compares the value of each share after division with each owner's share of a sale of the whole. **Mediation and credit.** Under [Section 46A-29](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_46A/GS_46A-29.html), the court may order mediation before it considers a sale. Under [Section 46A-77](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_46A/GS_46A-77.html), a co-owner who makes the high bid at a sale of the whole gets a credit for the share that owner already holds. A partition is a court proceeding. A North Carolina real estate attorney advises on whether to file, and a licensed land surveyor maps any division in kind. ## Key recap - In a tenancy in common, each co-owner holds a separate, undivided share of the whole, with no right of survivorship. - A deed to two or more people creates a tenancy in common unless it creates a joint tenancy or a tenancy by the entirety. - Each co-owner may sell, lease, or borrow against that owner's own share without the others. - A deed from one co-owner conveys only that share, so a sale of the whole tract needs every owner. - Any co-owner may petition for partition. The court prefers division in kind and orders a sale only on proof of substantial injury. ## Questions ### Can one co-owner sell the whole property? No. One co-owner can sell only that owner's own undivided share. The buyer becomes a co-owner with the others, even if the deed claims to convey the whole tract. ### What happens when a tenant in common dies? The share passes under the owner's will or by intestate succession. The other co-owners do not take it, because a tenancy in common has no right of survivorship. ### Can a co-owner force a sale of family land? A co-owner can petition for partition, but the court orders a sale only if it finds that dividing the land would cause substantial injury to a party. Otherwise it divides the land in kind. A North Carolina real estate attorney answers how the rules apply to a specific tract. ### How do I know which kind of co-ownership a deed creates? Read the granting clause. Survivorship wording creates a joint tenancy, a conveyance to spouses usually creates a tenancy by the entirety, and most other conveyances to two or more people create a tenancy in common. An attorney confirms the reading. ## References Primary sources cited on this page, in APA style. - N.C. Gen. Stat. § 41-2 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-2.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-2.html) - N.C. Gen. Stat. § 41-56 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-56.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-56.html) - N.C. Gen. Stat. § 41-58 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-58.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-58.html) - N.C. Gen. Stat. § 41-71 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-71.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-71.html) - N.C. Gen. Stat. § 41-73 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-73.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-73.html) - N.C. Gen. Stat. § 41-81 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-81.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-81.html) - N.C. Gen. Stat. § 41-82 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-82.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-82.html) - N.C. Gen. Stat. § 41-83 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-83.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-83.html) - N.C. Gen. Stat. § 41-84 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-84.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-84.html) - N.C. Gen. Stat. § 41-85 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-85.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-85.html) - N.C. Gen. Stat. § 41-86 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-86.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-86.html) - N.C. Gen. Stat. § 41-90 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-90.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41/GS_41-90.html) - N.C. Gen. Stat. § 46A-21 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_46A/GS_46A-21.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_46A/GS_46A-21.html) - N.C. Gen. Stat. § 46A-26 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_46A/GS_46A-26.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_46A/GS_46A-26.html) - N.C. Gen. Stat. § 46A-29 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_46A/GS_46A-29.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_46A/GS_46A-29.html) - N.C. Gen. Stat. § 46A-75 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_46A/GS_46A-75.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_46A/GS_46A-75.html) - N.C. Gen. Stat. § 46A-77 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_46A/GS_46A-77.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_46A/GS_46A-77.html) - N.C. Sess. Law 2025-25 (H.B. 40). [https://www.ncleg.gov/EnactedLegislation/SessionLaws/PDF/2025-2026/SL2025-25.pdf](https://www.ncleg.gov/EnactedLegislation/SessionLaws/PDF/2025-2026/SL2025-25.pdf) ## Buying land: records, survey, and title - [One parcel. Everything the record says, in order.](/services/parcel-brief/) - [Start with the right parcel](/what-we-check/parcels-and-boundaries/) - [Every search starts at the county tax office](/insights/county-records-first/) - [A land due diligence checklist for North Carolina](/insights/land-due-diligence-checklist/) - [ALTA survey vs boundary survey: what each one shows](/insights/alta-survey/) - [Plat map: what it is and how to read one](/insights/plat-map/) - [How to find property lines](/insights/how-to-find-property-lines/) - [Land survey cost: what drives the price](/insights/land-survey-cost/) - [How to find the owner of a property](/insights/find-owner-of-property/) - [Title search for land: what it finds and who does it](/insights/title-search-for-land/) - [Acreage that holds up after the survey](/services/land-and-acreage/) - [How to buy land](/insights/how-to-buy-land/) - [Land loans: how financing raw land works](/insights/land-loan/) - [Metes and bounds: how to read a land description](/insights/metes-and-bounds/) - [Topographic survey: what it shows and when you need one](/insights/topographic-survey/) - [What is a parcel number, and how do you find one](/insights/what-is-a-parcel-number/) - [Restrictive covenants: what they are and how to find them](/insights/restrictive-covenants/) - [Easement by necessity: access for landlocked land](/insights/easement-by-necessity/) - [Prescriptive easement: how long use becomes a right](/insights/prescriptive-easement/) - [Warranty deed vs quitclaim deed: what each one conveys](/insights/warranty-deed-vs-quitclaim-deed/) - [Adverse possession in North Carolina](/insights/adverse-possession-north-carolina/) - [How to read a land survey](/insights/how-to-read-a-land-survey/) - [Right-of-way vs easement: what the difference means for land](/insights/right-of-way-vs-easement/) - [Private road maintenance agreements: who pays for the road](/insights/private-road-maintenance-agreement/) - [Encroachment: when a fence, drive, or building crosses the line](/insights/encroachment/) - [Lis pendens: what a notice of a pending lawsuit does to land](/insights/lis-pendens/) - [Deed of trust: how a loan is secured by land in North Carolina](/insights/deed-of-trust/) - [Quiet title action: how a court settles who owns land](/insights/quiet-title-action/) - [Chain of title: how ownership passes from deed to deed](/insights/chain-of-title/) - [Boundary line agreements between neighbors](/insights/boundary-line-agreement/) - [Selling land under a power of attorney in North Carolina](/insights/power-of-attorney-real-estate/) - [Boundary disputes in North Carolina: how a line gets settled](/insights/boundary-dispute-north-carolina/) - [Shared driveway agreements: access, upkeep, and recording](/insights/shared-driveway-agreement/) - [Trees on the property line: who owns them and who answers](/insights/tree-on-property-line/) - [Fences on the property line: permits, setbacks, and neighbors](/insights/fence-on-property-line/) Send the requirements. 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