The act anticipates that resulting neighbors after partition in kind would not get along so a "cotenant
buyout" provision is set forth in [section]7.
either a division (or partition) of the property held by cotenants
with the land to make it enforceable against these cotenants
. (10) If,
one has the right to exclude a cotenant
or partner from using or
However, the power dynamic between cotenants
is a relevant consideration in all third-party consent to search cases.
Upon a careful reading of relevant case law, it becomes apparent that each time courts attempt to define what is reasonable under the Fourth Amendment and create a bright line rule for "cotenant
consent cases," additional questions present themselves.
Hudspeth, a cotenant
with her husband, had authority to consent on her own to the search, and this consent was voluntarily obtained by the police officers.
The majority acknowledged the line of cases allowing a cotenant
to consent to entry and search of a residence by police, but noted that in those cases the defendant was not present "at the door" objecting at the time consent was given.
the other cotenant
. (58) A similar split of authority can be found on
Alternatively, in our proposed competitively ruled joint ownership property right regime it is decreed that (1) the facility must have two or more co-owners each having an agreed share of the rights to the capacity of the facility (In practice a common cotenancy contract rule is for each cotenant
to receive capacity rights in proportion to his contribution to capital cost).
The retailer can fill a 25,000-square-foot outlet pretty easily, he says, and a significantly larger store can be reduced by as much as 5,000 to 7,000 square feet, sometimes by providing space for a cotenant
(His habit of parking his chauffeured limousine, with its showy "AHC-1" license plate, in the middle of Shubert Alley was obviously unappreciated by whichever cotenant
of that famous byway let the air out of his tires.)