What happens to the ownership of a house when two people share ownership of land and one builds a house on it?

Question

If two people have an equal share of a piece of land that has not been divided up, and one person builds a house on that shared land, can the second person make a claim for a share of the house by simply being part owner of just the land and has made no financial contribution towards the construction of the house? And if so, by what area of law allows this, and where can I find it on the internet?

Answer 1

Under English law, ownership of land includes any buildings on that land. A joint owner of a peice of land woud not be entitled to build a house without the approval of the other owner.

The two owners will either be "joint tenants" or "tenants in common". In the former case their ownership is undivided; in the latter the share of ownership each is entitled to is decided between them (i.e. it could be 50/50 or 60/40 ot 70/30 or whatever the parties agree depending on their respective contributions to the purchase price).

Answer 2

As far as I know: If two persons own undivided a piece of land, then one person CAN NOT build anything on it without the permission of the other owner, unless stated otherwise in a contract (which then would also include the rights of both owners in such a case)

Answer 3

you get an equal share of the house i.e 50:50 as with the land, or you can force him to pull the house down if its been built without your permission. It's hard to imagine how someone can build a house on land you half own without you knowing about it??

Answer 4

Both parties have 1/2 interest in the land and anything on it. If there were a dispute over any structure on the land, it would end up in court to be decided by a judge just like a divorce. One party would have to deed their interest to the other party.

Answer 5

Whose name is on the mortgage? Then they own the house. You both still own the land.

Answer 6

Look up 'tenancy in common'