Legal Definitions - common property

Common property refers to assets or resources that are owned by multiple individuals, groups, or even the public as a whole. Because ownership is shared, no single party has exclusive control over the property; decisions about its use, maintenance, or alteration often require agreement among the co-owners or adherence to established rules. This shared ownership model means that while everyone has a right to use or benefit from the property, individual control is inherently limited compared to sole ownership.

Common property can take various forms, from privately held assets shared among a few individuals to vast public lands accessible to all citizens.

• Example 1: Shared Private Driveway

  Imagine two neighboring houses that share a single long driveway, which was built to provide access to both properties. The property deeds for both homes specify that the driveway is jointly owned and maintained by the owners of both houses.

  This private driveway is common property because it is owned and used by more than one entity (the two homeowners). While each homeowner has the right to use the entire driveway to access their home, neither can unilaterally decide to block it, sell a portion of it, or make significant changes to its surface without the agreement of the other owner. Their individual control is limited by the shared ownership.

• Example 2: Condominium Amenities

  Consider a condominium complex where residents own their individual apartment units, but collectively share facilities such as a swimming pool, a clubhouse, and a communal gym. These shared areas are managed by the condominium association, to which all unit owners belong.

  The swimming pool, clubhouse, and gym are common property. Each condominium owner has a right to use these amenities, but they do not individually own or control any specific part of them. Decisions regarding their operating hours, maintenance schedules, or any major renovations are made by the condominium association, representing the collective ownership, rather than by any single resident.

• Example 3: Public Library

  Think about a municipal public library in a town, which is funded through local taxes and open for use by all residents. It houses books, computers, and meeting rooms available to the community.

  The public library building and its resources are common property because they are owned by the municipal government on behalf of all its citizens. Every resident has the right to use and benefit from the library's services, but no individual citizen can claim exclusive ownership, dictate its collection policies, or make private use of its facilities. Its operation is governed by city ordinances and library board policies, reflecting the collective ownership and the public's shared interest.