Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and the Yahoo Answers website is now in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.

In NY, if a property and house are owned by 2 different ppl, who has the right to decide what can be done with the house, IE rent the house?

7 Answers

Relevance
  • 4 years ago

    In NY, as in every state, the 'owner' of a house that sits on land they do not own is not really the owner. In the case of manufactured housing, the owner of the unit pays land rent, and the owner of the land can refuse to renew any rental agreement when it expires and force the removal of the unit. In the case where a permanent structure has been built - you will sometimes hear stories about an old '99 year lease' expiring and the owners of those homes, who thought they could stay there as long as they wanted, were incorrect and were forced to leave.

    In any situation involving the sale and transfer of real property where financing is needed, no lender will give a loan on just a house. The deed is for the land and everything permanent that's built on it. So, whoever's name is on the deed owns the land and the house, and they decide.

  • 4 years ago

    To give more background since I was limited on characters. My mom passed a month ago leaving me the house, the property is owned by my aunt. I want to keep the house but I live an hour away. My aunt is saying I cannot rent out the house and she doesn't care if I lose the house, she will not let me rent it out to avoid having it foreclosed on. Obviously I do not want to lose it and cannot afford two mortgages otherwise. The house has been on that property since 1989.

  • tro
    Lv 7
    4 years ago

    if a property is owned by two people, they probably share equal liabilities in it, they may have an agreement to agree on what needs to be done or they might have agreed that only one of them has the authority

    if you are caught in between both of them and they conflict you won't win, and if this can't be resolved you need to move

  • 4 years ago

    Equal ownership means equal everything. They either agree or they do not and if they do not, then the house stands still and, if that means empty, then it remains empty. If they don't like their partnership relationship, one will have to sell his portion to the other or, sell it and both take a 50/50 portion of the proceeds.

    Source(s): Certified Paralegal, with 25+ years' experience.
  • 4 years ago

    the house apparently has a land use rental agreement with the underlying property owner. the terms of this lease control, and the usual arrangement is that the house owner is in control as long as s/he does not breach their lease.

    Source(s): retired businessman
  • 4 years ago

    If both names are actually on the title deed, then all decisions must be agreed

    upon by both parties.

  • 4 years ago

    Everyone on the deed must agree. If you do not agree, one should buy out the other.

Still have questions? Get your answers by asking now.