Appellate court considered an interlocutory appeal brought by a third-party defendant and answered three questions concerning the rights and obligations of tenants in common. In answering the questions, the appellate court explained that a tenant in common does not have a legal right to take oil and gas from a common property without the permission of the co-tenants and that co-tenants may file a civil action and seek damages to redress injuries to their interests. The court also explained that an owner of one-half interest or more in a mineral estate does not have an unfettered right to market the minerals from the mineral estate and if the owner does not have permission from the co-tenants, it must seek a court order in compliance with the Oil and Gas Rights Act. (WELCH and McHANEY, concurring)
Illinois Appellate Court
Civil Court
Tenants in Common