Common area
Overview
 
A common area is, in real estate
Real estate
In general use, esp. North American, 'real estate' is taken to mean "Property consisting of land and the buildings on it, along with its natural resources such as crops, minerals, or water; immovable property of this nature; an interest vested in this; an item of real property; buildings or...

 or real property law, the "area which is available for use by more than one person..." The common areas are those "within a building that are available for common use by all tenants, (or) groups of tenants and their invitees." In Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

 and other parts of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, it is "An area inside a housing development that is owned by all residents."

Common areas often exist in apartment
Apartment
An apartment or flat is a self-contained housing unit that occupies only part of a building...

s, gated communities, condominium
Condominium
A condominium, or condo, is the form of housing tenure and other real property where a specified part of a piece of real estate is individually owned while use of and access to common facilities in the piece such as hallways, heating system, elevators, exterior areas is executed under legal rights...

s, cooperative
Cooperative
A cooperative is a business organization owned and operated by a group of individuals for their mutual benefit...

s and shopping mall
Shopping mall
A shopping mall, shopping centre, shopping arcade, shopping precinct or simply mall is one or more buildings forming a complex of shops representing merchandisers, with interconnecting walkways enabling visitors to easily walk from unit to unit, along with a parking area — a modern, indoor version...

s.

In any situation where there is a tenancy in common, all the tenants in common collectively own the common areas.

This differs from a commons or common land
Common land
Common land is land owned collectively or by one person, but over which other people have certain traditional rights, such as to allow their livestock to graze upon it, to collect firewood, or to cut turf for fuel...

, as used in English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

 law, which is owned by one person, but which may be used by a group of persons.
Examples of common areas include:
  1. lobbies,
  2. corridors,
  3. stairways,
  4. parking lots, spots, ramps, or other such areas,
  5. washing machines or laundry room,
  6. the roof of an apartment building,
  7. elevators,
  8. washrooms in lobby area,
  9. driveways, and
  10. store rooms.

In Maryland v. Garrison
Maryland v. Garrison
Maryland v. Garrison, , is a United States Supreme Court case dealing with the Fourth Amendment of the United States Constitution and the extent of discretion given to police officers acting in good faith...

, the US Supreme Court found that police may enter a common area when executing a search warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....

.
 
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