North Carolina § 41-91 Obligations among cotenants; fiduciary relationship

North Carolina Statutes

§ 41-91 — Obligations among cotenants; fiduciary relationship

North Carolina § 41-91

Ch. 41Estates

Art. 7Tenancy in Common

This text of North Carolina § 41-91 (Obligations among cotenants; fiduciary relationship) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 41-91 (2026).

Text

(a)Cotenants occupy a relationship of trust and confidence to each other as to the property that obligates them to put forth their best efforts to protect and secure the common interest.

(b)Tenancy in common does not create a fiduciary relationship among the cotenants unless a cotenant undertakes to act for the benefit of another cotenant or otherwise engages in conduct creating a fiduciary relationship. (2024-47, s. 1.)

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(a) Cotenants occupy a relationship of trust and confidence to each other as to the property that obligates them to put forth their best efforts to protect and secure the common interest.
(b) Tenancy in common does not create a fiduciary relationship among the cotenants unless a cotenant undertakes to act for the benefit of another cotenant or otherwise engages in conduct creating a fiduciary relationship. (2024-47, s. 1.)