What rights does a co-tenant in sole possession of property have regarding tax reimbursement?

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A co-tenant in sole possession of property may seek reimbursement for property tax payments made, but only for the amounts that exceed the fair rental value of the property. The rationale behind this is rooted in the principle of equity among co-tenants. When one co-tenant is in sole possession and paying property taxes, that co-tenant should not be unjustly enriched at the expense of the other co-tenants.

Thus, reimbursement is allowed for the portion of the tax payments that exceeds what would have been contribution from the other co-tenants if they were sharing the property as typical co-owners would. Essentially, if the property is worth a certain amount in rent, the occupying co-tenant can claim reimbursement only for those taxes that exceed this rental value, as those other co-tenants are presumed to have contributed their share had they occupied the property.

This approach maintains fairness while ensuring that the co-tenant in possession does not receive more than what is justly due after accounting for the benefit of using the property. This understanding stems from preferences to keep co-tenancy relations fair and equitable, adhering to principles that govern property ownership and responsibilities among co-owners.

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