Practice Quiz

Florida Real Estate Exam

Category - Florida

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Three parties owned equal interests in a large parcel of potentially agricultural land as tenants in common.  One of the co-owners decided to lease the entire parcel to a third party for agricultural purposes without the consent of the other cotenants.  Under these circumstances, if the two parties entered into the contract, the lease would be:

  1. Valid and binding on the three cotenants
  2. Invalid as land owned by multiple owners cannot be leased
  3. Valid, provided it did not exceed the legal limit of 51 years
  4. Invalid, as one cotenant cannot obligate the other cotenants for a lease of the whole property without their consent
Explanation
Answer D - A co-owner holding a tenancy in common interest in real property cannot obligate the other cotenants for the whole property without their consent. The one cotenant could enter into a lease for his or her interest in the property but not of the whole.

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