Tax Law Commons^™

Open Tenancies-In-Common, Brad Borden

Bradley T. Borden

Tax law (section 1031 in particular) has spawned a new investment vehicle—open tenancies in common. Tax law allows property owners to exchange into like-kind real property tax free, but finding suitable replacement property can be difficult. Real estate syndicators, recognizing a demand for ready-access replacement property, began offering undivided interests in large multi-million-dollar properties to individual investors exchanging out of smaller properties. Those offerings were the first open tenancies in common. Open tenancies in common are distinguished from traditional or close tenancies in common by the size of coowned property, the coowners’ mutual lack of acquaintance, and the separation of …