What is ownership interest in a property?

Ownership interest in property occurs when a person or entity has legal rights over property or ownership. This can also be shared in equal or unequal parts.

For example, in a sole ownership regime, a single person or entity owns 100% of the property. In a joint tenancy or tenancy in a common arrangement, several persons or entities may have an ownership interest in the property, and the ownership interest may be divided into equal or unequal shares.

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What does it mean to have ownership interest?

It means that you have legal rights and control over a property, up to a certain point. That limited ownership interest will depend on the ownership agreement you have with the property, as well as the applicable laws and regulations governing the ownership of the property.

As an owner, you normally have the right to use and enjoy the property, as well as to sell, lease, or transfer your interest to others. You may also have the right to prevent others from using or accessing the property, depending on the ownership agreement and applicable laws and regulations.

However, owning property also carries with it certain responsibilities, such as:

• Paying property taxes.
• Maintaining the property in a safe and habitable condition.
• Complying with local zoning and building codes. 

In addition, if you share the property with others, you may have to enter into agreements to manage the property and make decisions about its use, maintenance, and improvement.

Having an ownership interest in a property gives you an interest in the property and the ability to exercise control over it within the limits of the ownership agreement and the law.

Who has ownership interest?

The most common types of ownership interests in real estate include:

Sole Proprietorship

One person or entity owns 100% ownership of the real estate.

Joint Ownership

Two or more people who have an equal interest in the property, with the right of survivorship. This means that if one of the owners dies, his or her interest automatically transfers to the surviving owners.

Tenancy in Common

Two or more persons have an interest in the property, but the interests may not be equal. Unlike joint tenancy, there is no right of survivorship, and each owner may sell the property or transfer his or her interest without the consent of the other owners.

Marital Property

In some states, married couples have an equal ownership interest in property acquired during the marriage, with each spouse owning a 50% interest.

What is the percentage of ownership interest?

The percentage interest in a property refers to the proportion of the property owned by a person or entity. It is important because it determines the rights and responsibilities of each owner concerning the property, as well as his or her share of the income, expenses, or profits associated with the property.

For example, if two people own a property as tenants in common and one owns 60% of the property and the other owns 40%, their share of the property can be expressed as a fraction of the total value of the property. In this case, the person with the 60% interest would own 3/5 of the property, while the person with the 40% interest would own 2/5 of the property.

Alternatively, the ownership interest can be expressed as a percentage of the total value of the property. Using the same example as above, the person with a 60% ownership interest would own 60% of the total value of the property, while the person with a 40% ownership interest would own 40% of the total value of the property.

The percentage of ownership interest in the property may be important in determining, in the event of a sale or transfer of the property, the percentage of ownership interest of each owner will determine his or her share of the proceeds.

Read more: Fee simple defeasible

What is the highest possible ownership interest for real property?

The largest possible ownership interest in real property is 100%, i.e. when there is sole ownership. You have exclusive and complete control over the property, including the right to use, sell, lease, or transfer the property without the consent of any other owner.

Sole ownership is the simplest ownership regime and is typically used for single-family homes or small commercial properties. However, in some cases, a person or entity may have an ownership interest in multiple properties through sole ownership.

It should be noted that even in cases of sole ownership, there may be limitations or restrictions on the owner’s rights to use or develop the property based on local zoning laws, building codes, or other regulations. In addition, the owner is responsible for all costs associated with owning and maintaining the property, such as taxes, insurance, and maintenance expenses.

Read more: Prescriptive easement

Written by Vanessa Gallanti. April 4, 2023

Enthusiast about planning, project management, construction materials and technology, and construction. A civil engineer from Los Andes University and a content writer for Kukun.