These decisions hold that the paying cotenant
should be credited for 50 percent of the reimbursable household expenses from the other cotenant
's household expenses that he or she did not pay upon partition and sale.
1952) (taking the position that the fiduciary principle should be inapplicable when one cotenant
purchases at the foreclosure sale of a mortgage on the entire property).
In this case, one cotenant
acquires the interests of the other cotenants
based on a court ordered and supervised appraisal.
In theory, but not in practice, the law of waste might penalize a cotenant
for overuse, such as clear-cutting timber from property today if the timber would be more valuable in later years.
28) In fact, the court concluded that it was "perfectly reasonable to expect that a cotenant
who is actually receiving the benefit of living on a property should be the one who foots the bill for reasonable expenditures associated with the property.
Ninth Circuit declared the sovereign cotenant
duty in a treaty fishing
19) In addition, if certain requirements are met, the cotenants
can make an election, commonly called the Sec.
Only four of the other cotenants
responded to the complaint, all in disagreement over Myhand's proposed actions.
Formally, no cotenant
unilaterally controls the asset.
216) Each cotenant
has the authority to give consent.
As a result, many football teams no longer needed to share stadiums with a baseball cotenant
and received their own stadiums as well.
in common has the right to access to the property.