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Legal Definitions - in common
Definition of in common
In common describes a situation where multiple individuals share ownership or rights over something without it being divided into distinct, individually owned portions. Each person has an undivided interest in the whole, rather than exclusive ownership of a specific part. This means no single owner can claim a particular segment or piece as solely theirs; instead, they all share the entire item or right collectively.
Example 1: Shared Family Property
Imagine three adult cousins who inherit a large, undeveloped plot of land from their grandmother. The will specifies that they own the land "in common." This means that none of the cousins can claim a specific corner, a particular tree, or a certain number of acres as exclusively theirs. Instead, each cousin has an undivided one-third interest in the entire parcel of land. They all share the rights and responsibilities for the whole property, and any decision about its use or sale would typically require their collective agreement.Example 2: Community Water Well
Consider a small rural community where five households draw water from a single, privately owned well. The agreement among the households states that they own the well and its water rights "in common." This arrangement signifies that no single household owns a specific portion of the well structure or a particular volume of water in the aquifer. Instead, all five households collectively share the right to draw water from the entire well system, and their ownership interest is undivided across the whole resource.Example 3: Joint Business Assets
Two business partners establish a new consulting firm and purchase office furniture, computers, and other equipment. They agree that these assets are held "in common" by the partnership. This means that Partner A cannot claim exclusive ownership of the main conference table, nor can Partner B claim the server as solely theirs. All the purchased equipment is owned collectively by the partnership, and each partner has an undivided interest in the entire collection of assets, rather than individual pieces.
Simple Definition
"In common" refers to a form of ownership where multiple parties share rights or property equally. The ownership is undivided, meaning no individual owner has exclusive claim to a specific, separate portion of the whole.