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Postby splittermcsplit88 » Fri Dec 07, 2012 10:06 pm

There are two joint owners to a farm. One owner sells it to buyer without the other owner knowing. Other owner sues buyer for conversion. Was there actual consent? Apparent consent? Implied consent?

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Re: Consent

Postby hdivine » Sat Dec 08, 2012 7:59 pm

I'm not sure I understand your question. If they own it in joint tenancy, then one owner cannot legally sell the property without the owner signing off. If they own it as tenants in common, well then they wouldn't co-own it anyway and one would be able to sell his/her share of the farm.

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Re: Consent

Postby dietcoke0 » Sat Dec 08, 2012 8:10 pm

I dunno if you can convert land anyway, but no, this is contract stuff (which I haven't had) not torts. Maybe property, since each has the right to own the whole, but sounds like no ousters if just selling their share of the land. Well within their rights.

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