A, B, and C are co-owners of an undivided parcel of land. A sold his 1/3 interest to B absolutely. Which is correct?

A, B, and C are co-owners of an undivided parcel of land. A sold his 1/3 interest to B absolutely. Which is correct?

• A. C may exercise his right of redemption on the interest sold by A to B.
• B. C can not exercise the right of redemption because the sale was made in favor of a co-owner.
• C. The sale made by A to B is void because it was not made in favor of a stranger.
• D. C may redeem only 1/2 of the interest sold by A to B.

Answer: (B)

In co-ownership, the right of redemption is meant to protect the other co-owners when a share is transferred to someone outside the group. If a co-owner sells his undivided share to another co-owner, the ownership composition among the existing co-owners doesn’t change in a way that requires restoring the previous arrangement, because no outsider enters the picture. Here, A sells his 1/3 interest to B, who is already a co-owner. That keeps the ownership within the same group, so there’s no trigger for redemption. The sale is valid and does not create a redemption claim for C. The idea behind redemption would apply if the buyer were a stranger to the co-ownership, in which case the other co-owners could step in to prevent the dilution of their shared ownership. The option suggesting redemption, or any voiding of the sale, misreads the effect of selling to a co-owner.

In co-ownership, the right of redemption is meant to protect the other co-owners when a share is transferred to someone outside the group. If a co-owner sells his undivided share to another co-owner, the ownership composition among the existing co-owners doesn’t change in a way that requires restoring the previous arrangement, because no outsider enters the picture.

Here, A sells his 1/3 interest to B, who is already a co-owner. That keeps the ownership within the same group, so there’s no trigger for redemption. The sale is valid and does not create a redemption claim for C. The idea behind redemption would apply if the buyer were a stranger to the co-ownership, in which case the other co-owners could step in to prevent the dilution of their shared ownership. The option suggesting redemption, or any voiding of the sale, misreads the effect of selling to a co-owner.